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1 

'  1 

4 

i 
1 

Laws  of  Minnesota 

Relating  to  the 

ublic  School  System 

Including  the 

State  Teachers  Colleges 

and  the 
mm  ■  Mat  Wfl  fl%|# 

U^iyer^y^J^innesota 

LOS  ANGELES  PL3LIC  LIBRAKjP 


Prepared   [  i  of 

CLIFFORD  L.  HILTON 

Attorney  Gen< 
and 

JAMES  M.  McCONNELL 


1921 


Ill 

Laws  of  Minnesota 

Relating  to  the 

Public  School  System 

Including  the 

State  Teachers  Colleges 

and  the 

University  of  Minnesota 


Prepared  Under  the  Direction  of 

CLIFFORD  L.  HILTON 

Attorney  General 
and 

JAMES  M.  McCONNELL 

Commissioner  of  Education 


1921 


Mm  4-5  £ 


CHAPTER 


g  CHAPTER   II. 


CHAPTER  111. 

CHAPTER  IV. 

CHAPTER  V. 

CHAPTER  VI. 

CHAPTER  VII. 

CHAPTER  VIII. 

CHAPTER  IX. 

CHAPTER  X. 

CHAPTER  XI. 

CHAPTER  XII. 

CHAPTER  XIII. 


TABLE  OF  CONTENTS 

Section 

School  Districts;  Formation,  Change  of  Bound- 
aries, Consolidation,  Association,  Dissolution..         1-51 

School    Meetings;    Annual,    Special;    Conduct    of, 

Elections,  Powers,  etc 52-66 

School  Boards  and  Officers;  Constitution,  Elec- 
tion, Organization,  Powers;  Chairman,  Clerk, 
Treasurer;    Qualification,  Powers,  Duties 67-140 

District    Indebtedness    and    Bonds;    Loans    from 

State    141-146 

Actions;    by   and   against   Districts;    Judgments; 

Penalties,  etc 147-169 

Public  Schools;  High,  Graded,  Semi-graded,  Com- 
mon;   Control,  Association  of,  Instruction 170-194 

School  Taxes;  State,  County,  City,  District;  Lim- 
itation of,  Contracts  in  Excess  of 195-203 

School  Funds;   State  and  County  Apportionment; 

Payments  of;   Reports  on 204-209 

State  Aid  to  Schools;  Regulation,  Apportion- 
ment; for  Normal  Instruction,  for  Agricultural 
Training    210-246 

School  Text  Books;  Conditions  for  Sale,  Com- 
binations to  Control  Prices,  Officers  and 
Teachers  Forbidden  to  Deal  in 247-258 

Libraries;  Library  Division;  County  Libraries; 
Public  Libraries  and  Reading  Rooms;  School 
Libraries     259-279 

Compulsory  Education;  Child  Labor;  School 
Census;  Duties  of  Officers  and  Teachers;  Tru- 
ant Officers;  Terms  of  Child  Employment,  etc.  280-302 


School   Administration    303-423 

Part    1 — State    Board    of    Education    and    State 

Commissioner  of  Education 303-316 

Part  2— Superintendent  of  Education 317-324 

Part  3 — County   Superintendents 325-342 

Part  4— High  School  Board 343-352 

Part  5 — Teachers;  Qualification  and  Training 
Examinations,  Certificates,  Employment  Bu- 
reau, Pensions,  Contracts  with 353-423 

CHAPTER    XIV.    State  University;   Management,  Departments,  In- 
struction,   Maintenance    427-466 

CHAPTER     XV.     State  Teachers   Colleges;    Management,  Instruc- 
tion, Summer  Sessions,  Model  Schools 467-478 


79456J 


EXPLANATORY  PREFACE 

This  compilation  contains  the  general  laws  of  Minnesota  of  practical 
use  and  application  relating  to  the  public  schools.  The  General  Statutes 
of  1913  are  taken  as  the  basis,  and  to  them  have  been  added  all  subse- 
quent laws  and  amendments. 

The  laws  have  been  arranged  by  subjects,  and  the  sections  numbered 
consecutively.  At  the  foot  of  each  section  is  given  the  number  of  the 
section  of  the  General  Statutes,  or  the  chapter  and  year  of  the  subsequent 
session  laws,  from  which  the  section  is  derived. 

Following  the  sections  will  be  found  annotations  in  small  type  giving 
the  substance  of  decisions  of  the  supreme  court  and  opinions  of  the 
attorney  general.  The  references,  such  as  43  M.  312,  are  to  the  volume 
and  page  of  the  Minnesota  Supreme  Court  Reports,  regular  edition,  and 
the  references,  such  as  (Gil.  352),  added,  are  to  the  Gilfillan  edition  of  the 
Supreme  Court  Reports.  References,  such  as  "Young,  page  187,"  or  "Smith, 
April  14,  1913,"  are  to  the  name  of  the  attorney  general  who  gave  the 
opinion,  and  the  page  of  his  report  where  the  opinion  may  be  found,  or 
the  date  thereof,  as  the  case  may  bo. 

Special  attention  is  called  i.o  chaptei  XII  on  School  Administration. 
Cnapter  334,  Laws  1919,  abolished  the  office  jf  state  superintendent  of  edu- 
cation, the  state  high  school  board  r.nd  ihe  state  public  library  commission, 
and  vested  their  functions,  powers  and  duties  in  the  newly  created  state 
board  of  education.  Any  reference  to  this  office,  board  or  commission, 
therefore,  should  be  read  in  the  light  of  the  1919  statute. 

The  index  references  are  to  the  sections  of  this  compilation. 


CHAPTER  I. 

SCHOOL  DISTRICTS. 

1.  School  districts — For  school  purposes  the  state  is  divided  into  com- 
mon, special,  and  independent  school  districts,  each  of  which  shall  be  a 
public  corporation.  Common  school  districts  shall  be  numbered  consecu- 
tively in  each  county,  and  each  shall  be  known  as  school  district  No 

of county.     A  district,  when   situated  in  two  or  more  counties, 

shall  be  known  as  joint  school  district  No of and 

counties.     Independent  school  districts  shall  be  known  by 

the  names  or  numbers  given  them  at  their  organization.     (2671) 

School  districts  are  corporations  with  limited  powers;  and  the  duties  of  the 
trustees  or  board  are  public  and  administrative  only.  They  are  not  liable  to  in- 
dividuals for  neglect  or  nonfeasance. — 49  M.   106. 

When  a  school  district  has  acted  as  such,  has  borrowed  money,  issued  bonds, 
voted  taxes,  and  been  dealt  with  by  the  state  as  a  district,  both  it  and  the  state 
are  estopped  to  question   its  legal  organization. — 85  M.   230. 

When  a  district  has  exercised  the  franchises  and  privileges  of  a  district  for 
one  year,  there  is  a  conclusive  presumption  in  the  nature  of  a  statute  of  limita- 
tion that  it  is  legally  organized. — 54  M.   203. 

The  organization  of  a  district,  or  the  validity  of  the  acts  of  its  officers,  is 
not  vitiated  by  neglect  of  the  officers  elected  to  tile  acceptance  of  office. — Cole, 
P-   117. 

Special  districts  should  be  known  and  designated  by  the  name  of  their  incor- 
poration and  a  number  is  not  required  by  law. — Douglas,  July  13,  1901. 

On  appeal  it  was  held  as  follows;     (119  M.  119); 

1.  The  question  of  when  school  districts  may  be  formed,  or  their  boundaries 
changed,  is  a  legislative  one  which  has  been  delegated  to  the  county  boards. 

2.  The  question  of  formation  or  change  of  boundaries  of  districts  must  be 
determined  by  the  consideration  of  the  best  interests,  present  and  future,  of  the 
people  of  the  territory,  considered  as  a  whole; 

3.  The  "best  interests"  of  the  territory  affected,  as  used  in  section  1285,  R. 
L.,  means  the  best  interests  of  the  people  of  the  whole  territory.  The  interests  of 
the  most  populous  portion  or  those  of  the  sparsley  settled  portion  cannot  be  in- 
dependently considered:  for  the  interests  of  the  strong  can  never  be  the  measure 
of  the  rights  of  the  weak. 

A  school  district  is  not  responsible  in  damages  on  account  of  accidents  to 
instructors  or  pupils  occurring  in  the  performance  of  their  duties  assigned  by  the 
board,  such  as  laboratory  work  and  manual  training,  on  the  ground  that  school 
districts  are  quasi  municipal  corporations  exercising  a  government  function  from 
which  it  derives   no  pecuniary  profit. — (Smith,  April  14,   1913.) 

Teachers,  janitors  and  others  employed  by  a  school  district  are  entitled  to 
compensation  under  the  Workmen's  Compensation  Act  if  injured  in  the  perform- 
ance   of    their   duties. — (Smith,    August,    1916.) 

2.  Formation  of  districts — A  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  residing  upon  any  territory  not  less  than  four 
sections  in  extent,  and  in  which  reside  not  less  than  twelve  children  of 
school  age,  whether  or  not  such  territory  be  in  whole  or  in  part  included 
in  any  existing  common,  independent,  or  special  school  district,  may 
petition  the  county  board  of  the  proper  county  to  make  such  territory  a 
school  district,  common  or  independent.     (2672) 

A  petitioner,  after  signing  a  remonstrance,  cannot  be  claimed  as  a  petitioner. 
— Hahn,  May  29,   18S6. 

The  revised  statues  provide  that  a  petition  for  the  alteration  of  a  school 
district,  the  territory  of  which  lies  in  two  counties,  shall  be  presented  to  the 
board  of  county  commissioners  of  each  county,  of  course,  for  their  concurrent 
action.  It  is  therefore  necessary  that  the  proposed  alterations  shall  be  agreed  to 
by  each  of  the  boards  before  it  can  take  effect. — Colville,  p.  2P.9. 

A  married  woman  is  not  a  freeholder  because  her  husband  is  such,  nor  is  the 
husband  a  freeholder  because  t'he  wife   is  such.  — -Wilson,  p.   345. 

A  resident  of  a  school  district  becomes  a  freeholder  as  soon  as  he  owns  real 
estate   therein. — (Smith,    September   26,    1916.) 

3.  Same;    petition  for — The  petitions  shall  contain: 

1.  A  correct  description  of  the  territory  to  be  included  in  such  pro- 
posed district. 

2.  The  number  of  persons  residing  therein. 


3.  The  names  and  ages  of  all  children  of  school  age  residing  therein, 
and  the  existing  district  in  which  each  such  child  lives. 

4.  The  districts  in  which  such  territory  lies,  and  the  number  of  such 
children  in  each  such  district. 

5.  The  reasons  for  the  formation  of  the  proposed  district. 

Such  petitions  shall  be  acknowledged  by  the  petitioners  and  submitted 
to  the  county  superintendent,  and  if  he  shall  approve  of  the  same  he  shall 
endorse  such  approval  in  writing  upon  said  petition,  stating  his  reasons 
therefor;  and  if  he  shall  disapprove  of  same  he  shall  indorse  thereon  in 
writing  his  reasons  for  such  disapproval.     (2673) 

A  person  signing  a  petition  for  the  creation  of  a  school  district  may  withdraw 
his  signature  therefrom  by  the  signing  of  a  remonstrance  or  otherwise. — Childs, 
July   28,   1893. 

The  board  of  county  commissioners  may  permit  the  amendment  of  a  petition 
for  the  formation  of  a  school  district  when  such  amendment  is  assented  to  in 
writing  by  all  of  the  persons  signing  the  same. — Childs,   Dec.   21,   1894. 

A  county  superintendent  cannot  by  inaction  prevent  the  county  board  from 
acting  on  a  petition  of  freeholders  for  the  formation  of  a  school  district. — (Smith, 
Dec.   20,    1916.) 

Mere  irregularities  in  a  petition  for  the  formation  of  a  school  district,  such  as 
erroneously  designating  the  district,  are  not  fatal  in  the  absence  of  a  showing  of 
prejudice  resulting  from  such  irregularities. — (Smith,  August  21,   1917.) 

When  a  petition  -signed  by  a  majority  of  the  resident  freeholders  is  presented 
to  the  county  board,  jurisdiction  is  not  lost  by  reason  of  the  fact  that  after  the 
petition  was  signed  the  number  of  resident  freeholders  increased  so  that  at  the 
date  of  hearing  the  signers  constituted  less  than  a  majority. — 89  M.   351. 

A  petition  for  the  formation  of  a  new  school  district  should  be  presented  to 
the  county  superintendent,  and  it  is  his  duty  to  either  approve  or  disapprove  the 
same  in  writing,  giving  his  reasons  for  his  action  in  either  event,  before  the  same 
is  presented  to  the  county  commissioners. — Simpson,  Jan.  12,   1910. 

4.  Same;    notice   of   hearing — Upon  the  presentation   of  such  petition, 

•  the  county  board  shall  appoint  a  time  and  place  for  hearing  thereon,  and 
shall  cause  two  weeks'  published  notice  thereof  to  be  given  in  the  county, 
and  ten  days'  posted  notice  in  each  district  affected.  Such  notice  shall 
also  be  served  on  the  clerk  of  each  district,  by  mail,  at  least  ten  days 
before  the  time  set  for  hearing,  and  the  auditor's  certificate  shall  be  proof 
of  the  mailing.     (2674) 

5.  Same;  proceedings  on  hearing— At  the  hearing  tli3  board  ^hall 
receive  any  evidence  and  consider  any  arguments  for  and  against  such 
proposed  organization,  and  shall  make  an  order  either  granting  or  denying 
the  petition;  and,  if  the  petition  be  granted,  the  order  shall  particularly 
describe  the  district,  state  its  name  or  number,  shall  be  signed  by  the 
chairman,  and  attested  and  filed  with  the  auditor,  who  shall  mail  to  the 
clerk  of  each  district  affected  a  copy  thereof,  and  shall  cause  ten  days' 
posted  notice  to  be  given  of  a  meeting  to  organise  such  district.  The 
board  may  adjourn  the  hearing  from  time  to  time,  and,  upon  the  recommen- 
dation or  with  the  written  approval  of  the  county  superintendent,  enlarge  or 
change  the  boundaries  proposed  in  the  petition.     (2675) 

6.  Same;   appeal  from  order — Any  person  aggrieved  may  appeal  from 

♦  such  order  to  the  district  court  of  the  county  upon  the  following  grounds: 

(1)  That  the  county  board  had  no  jurisdiction  to  act. 

(2)  That  it  has  exceeded  its  jurisdiction. 

(3)  That  its  action  is  against  the  best  interests  of  the  territory 
affected. 

Such  appeal  shall  be  taken  by  serving  upon  the  county  auditor  within 
thirty  days  from  the  making  of  the  order-  a  notice  of  appeal,  specifying 
the  grounds  thereof.  The  appellant  shall  also  execute  and  deliver  to  the 
auditor  a  bond  to  the  county  in  the  sum  of  one  hundred  dollars,  to  be 
approved  by  the  county  auditor,  conditioned  for  the  payment  of  all  costs 
taxed  against  the  appellant  on  such  appeal.     Such  further  proceedings  shall 


be  had  upon  such  appeal  as  upon  other  appeals  from  the  county  board. 
(2676) 

The  county  board,  as  the  representatives  of  the  public,  to  whom  is  entrusted 
the  matter  of  forming  school  districts  may  appeal  from  an  order  of  the  district 
court   reversing   its   action. — 43   M.    312. 

Where  the  county  board  has  granted  a  petition  for  dividing  a  school  district, 
and  an  appeal  has  been  taken  to  the  district  court,  the  money  in  the  hands  of  the 
district  treasurer,  which  has  been  apportioned  by  the  county  commissioner  to  the 
new  district,  the  treasurer,  for  his  own  protection,  should  retain  and  decline  to 
pay  over  the  same  until  the  legality  of  the  proceedings  has  been  determined  by 
the'  court. — Simpson,  Sept.  17,  1909. 

7.  Change  of  boundaries — By  like  proceedings,  and  upon  petition  of 
the  majority  of  the  freeholders  of  each  district  affected:  qualified  to  vote 
at  school  meetings,  the  boundaiies  or  any  existing  distiict  n.ay  be  changed, 
or  two  or  more  districts  consolidated  or  one  or  more  districts  annexed 
to  an  existing  district.  No  change  in  the  boundaries  of  a  district  by 
organization  of  a  new  district  or  otherwise  shall  be  made,  so  as  to  leave 
the  old  district  without  at  least  one  school  house  used  for  school  purposes, 
nor  shall  any  change  of  districts  in  any  way  affect  the  liabilities  of  the 
territory  so  changed  upon  any  bond  or  other  obligation;  but  any  such  real 
estate  shall  be  taxed  for  such  outstanding  liability  and  interest,  as  if  no 
change  had  been  made.  In  case  of  the  consolidation  or  anuexation  of 
districts,  whether  under  the  foregoing  or  any  other  provisions  of  the  law, 
action  shall  be  brought  by  or  against  the  new  or  remaining  district  upon 
any  cause  existing  in  favor  of  or  against  any  discontinued  district,  but  a 
judgment  in  such  action  against  such  existing  district  shall  be  satisfied 
only  from  taxes  upon  the  real  property  included  in  the  discontinued  district, 
when  the  liability  was  incurred.     (2677) 

If  a  part  of  a  district  is  separated  from  it  by  annexation  to  another,  or  by 
the  erection  of  a  new  district,  the  old  district  still  retains  all  its  property  and  is 
responsible  for  all  its  debts,  unless  some  other  provision  is  made  by  the  act 
authorizing    the    separation.       (40    M.     13.) 

Divisions  and  awards  of  moneys,  funds,  etc.,  made  by  the  county  board,  are 
governed  by  the  rules  applicable  to  other  awards.  Technical  precision  is  not  re- 
quired, but  there  must  be  no  uncertainty  as  to  intention.     (67  M.  402.) 

Upon  a  division  of  a  district,  the  county  board  cannot  abrogate  nor  modify 
contracts  of  the  old  district;  but  should  make  an  order  fixing  the  liability  arising 
out  of  such  contracts.  The  old  district  is  liable  on  contracts  entered  into  prior 
to  division,   unless  the  county  board  provide  otherwise.      (Young,   p.   201.) 

An  old  district,  out  of  a  part  of  which  a  new  district  has  been  formed,  cannot 
afterwards  vote  a  tax  upon  the  new  district  to  pay  bonds  issued  prior  to  such 
division;  but  in  case  of  failure  of  the  new  district  to  levy  its  share  of  the  tax,  the 
county  auditor  under  section  787,  R.  L.,  may  levy  its  proportionate  share  and 
extend  it  on  the  tax  lists.  Such  tax  should  be  levied  upon  both  real  and  per- 
sonal property.     (Young,  p.  183.) 

A  tax  levied,  but  not  collected,  before  the  division,  is  subject  to  distribution. 
(Childs,   June  29,   1894.) 

Upon  division  of  a  school  district  moneys  on  hand  raised  for  the  purpose  of 
building  a  school  house  are  subject  to  division.     (Childs,   Sept.   18,  1893.) 

The  county  board,  in  proceedings  for  change  of  boundaries,  cannot  include 
land  not  referred  to  in  the  petition  and  not  represented  at  the  hearing;  and  if  it 
does,  the  district  court,  on  appeal,  may  modify  the  order  so  that  such  land  shall 
be   restored   to   its  proper  district.      (120  M.   443.) 

The  county  board  may  enlarge  a  district  having  wholly  within  its  limits  an 
incorporated  village  of  the  character  specified  by  the  statute,  by  incuding  lands 
wholly  within   the  village  but  contiguous  to  the  district.      (153  N.  W.  Rep.   253.) 

If  prior  to  the  issuance  of  bonds  voted  by  a  consolidated  district  ,the  county 
board  detaches  certain  territory  from  the  district  in  question  the  territory  would 
be  relieved  from  the  bonded  indebtedness.     (Smith,  Sept.  15,  1916.) 

8.  Same;  cities  and  villages— When  any  incorporated  borough,  village 
or  city  of  seven  thousand  or  less  inhabitants,  has  within  its  limits  a  school 
district,  however  organized,  or  is  wholly  or  partly  included  within  the  boun- 
daries of  any  school  district,  however  organized,  or  whenever  any  such 
school  district  shall  include  within  its  boundaries  part  or  the  whole  of  any 
incorporated  borough,  village  or  city  of  seven  thousand  inhabitants  or  less, 
the  boundaries  of  any  such  district  or  districts  may  be  enlarged  or  changed 

8 


SO  as  to  include  all  lands  within  the  corporate  limits  of  such  borough,  city 
or  village  or  so  as  to  include  lands  within  and  outside  of  such  incorporated 
borough,  city  or  village,  but  contiguous  to  said  district  in  the  following 
manner,  to-wit : 

Whenever  a  majority  of  the  legal  voters  residing  within  such  school 
district  shall  petition  the  board  of  county  commissioners  of  the  county 
wherein  such  district  is  situated  for  an  enlargement  of  such  district,  and 
shall  file  a  petition  with  the  auditor  of  said  county,  it  shall  be  the' duty 
of  the  board  of  county  commissioners  at  its  next  regular  meeting,  or  special 
meeting,  to  set  a  time  and  place  for  hearing  upon  such  petition,  and  it 
shall  cause  a  copy  of  the  notice  of  such  hearing  to  be  posted  in  some 
public  place  in  each  district  to  be  affected  by  such  proposed  change,  and  a 
copy  thereof  to  be  served  upon  the  clerk  of  each  of  said  districts,  at  least 
ten  (10)  days  before  the  time  appointed  for  such  hearing.  The  posting  of 
such  copy  of  notice  shall  be  proven  by  the  affidavit  of  the  person  posting 
the  same;  said  affidavit  shall  state  the  time  and  place  of  posting  and 
serving  of  the  copy  of  notice  as  herein  specified,  and  upon  filing  proof  of 
the  posting  and  serving  of  such  notice  in  the  office  of  the  county  auditor 
the  board  of  county  commissioners  shall  at  the  time  and  place  fixed,  pro- 
ceed with  the  consideration  of  such  matter  and  shall  hear  all  evidence 
offered  by  any  person  interested,  tending  to  show  what  territory  should  be 
included  within  such  district,  and  having  heard  the  evidence  they  shall,  if 
they  find  it  conducive  to  the  good  of  the  inhabitants  of  the  territory 
affected,  proceed  to  enlarge  the  said  school  district  as  asked  for  in  the 
petition,  and  to  fix  the  boundaries  thereof  and  of  all  the  remaining  school 
districts  thereby  affected,  attaching  to  or  detaching  contiguous  territory  to 
or  from  any  such  districts,  in  such  manner  as  in  their  judgment  the  best  in- 
terests of  the  persons  and  districts  thereby  affected  may  require;  provided, 
that  no  action  or  order  changing  any  boundaries  of  any  school  district  shall 
be  valid  unless  and  until  the  foregoing  requirements  as  to  posting  and 
serving  of  notices  have  been  observed;  and  provided  further,  that  when- 
ever the  territory  affected  by  any  of  the  foregoing  proceedings  lies  in  three 
or  more  counties,  like  proceedings  shall  be  had  in-  each  county  affected, 
and  no  order  in  such  proceedings  shall  be  valid  unless  concurred  in  by 
the  county  commissioners  may  also  apportion  to  said  districts  so  enlarged 

Land  within  the  petitioning  district  is  "territory  affected"  within  the  mean- 
ing of  section  2677,  G.  S.  191.1.  The  interests  of  the  rural  school  district  from 
which  lands  are  to  he  detached  should  not  he  considered  independently  from  the 
interests  of  the  urban  district  to  which  the  lands  are  to  be  attached  so  that  the 
change  should  not  be  made  if  not  conducive  to  the  interests  of  the  inhabitants 
of  either  of  the  districts.     (134  M.   82.) 

The  county  board  may  enlarge  a  school  district  having  wholly  within  its  limits 
an  incorporated  village  of  the  character  specified  in  section  2fi77,  G  S  1913  by 
Including  lands  wholly  without  such  village  but  contiguous  thereto.     (130  M.  25.') 

9.  Same;  apportionment  of  funds — At  the  time  of  making  such  division, 
enlargement  or  change  of  boundaries,  the  county  commissioners  shall 
apportion  to  the  district  so  enlarged  that  portion  of  the  debts  of  said 
other  districts  as  may  seem  to  them  right  and  proper,  and  said  apportion- 
ment when  so  made  shall  be  binding  upon  all  the  districts  affected,  and 
the  county  commissioners  may  also  apportion  to  said  districts  so  enlarged, 
such  portion  of  the  property  of  such  other  districts  as  shall  seem  to  them 
just  and  proper.  Said  last  mentioned  apportionment  shall  be  subject  to 
review  by  the  district  court.     (2677) 

10.  Same;  appeal— And  provided  further,  that  any  person  or  officer 
of  any  school  district  aggrieved  by  any  order  of  the  county  board  made 
pursuant  to  the  provisions  of  this  section,  may  appeal  to  the  district  court 
from  such  order,  such  appeal  to  be  governed  by  the  provisions  of  section 
2676.     (2677) 

11.  Annexation  of  additional  territory  to  school  districts— The  school 
board  of  any  school  district  in  the  state  desiring  to  have  land  adjacent  to 


or  projecting  into  such  district,  set  off  as  and  made  a  part  of  said  district, 
may  petition  the  board  of  county  commissioners  of  the  county  in  which 
such  district  is  located,  therein  setting  forth  the  name  and  kind  of  district 
involved,  a  description  of  the  land  in  question,  the  name  of  the  owner 
thereof,  and  the  reasons  for  the  request,  which  said  board  upon  the  receipt 
of  such  petition,  shall  give  a  notice  of  a  hearing  thereon  as  in  other  cases, 
and  upon  proof  of  the  allegations  in  the  petition,  may  make  its  order 
granting  the  same,  and  like  notice  of  such  change  in  the  boundaries  of 
such  district  shall  be  given  as  in  other  cases,     (c.  236,  Laws  1919.) 

12.  Same;  setting  land  off  to  adjoining  district — When  any  freeholder 
shall  present  to  the  board  of  any  county  a  petition,  verified  by  him,  stating 
that  he  owns  land  in  such  county  adjoining  any  district  therein,  or  sepa- 
rated therefrom  by  not  more  than  one-quarter  section,  and  that  such  inter- 
vening land  is  vacant  and  unoccupied,  or  that  its  owner  is  unknown,  and 
that  he  desires  his  said  land,  together  with  such  intervening  land,  set  off  to 
such  adjoining  district,  and  his  reasons  for  asking  such  change,  the  board, 
upon  notice  and  hearing  as  in  other  cases,  and  upon  proof  of  all  the  allega- 
tions of  the  petition,  may  make  its  order  granting  the  same,  and  like  notice 
of  such  change  shall  be  given  as  in  other  cases;  

Provided;  that  any  person  or  officer  of  any  school  district  aggrieved 
by  any  order  of  the  county  board  made  pursuant  to  the  provisions  of  this 
section,  or  by  any  order  of  the  county  board,  made  on  the  rehearing  before 
it  of  any  such  petition,  may  appeal  to  the  district  court  from  such  order, 
such  appeal  to  be  governed  by  the  provisions  of  section  2676,  General 
Statutes,  1913.     (2704,  as  amended  by  chapter  113,  Laws  1915.) 

The  petition  required  is  not  a  pleading-  and  need  not  be  drawn  with  the 
formality  of  a  pleading.  On  appeal  to  the  district  court  the  only  question  is 
whether  the  board  acted  arbitrarily,  fraudulently  or  oppressively  without  keeping 
the  best  interests  of  the  territory  in  view.     (131  M.  79.) 

13.  Same;  division  of  funds  where  new  school  districts  are  formed — • 
That  whenever  the  boundaries  of  any  school  district  are  changed,  or  when 
a  school  district  is  formed  from  territory  comprising  two  or  more  districts, 
or  when  any  school  district  is  divided,  the  county  board  shall  make  a 
division  of  all  moneys,  funds  and  credits  belonging  to  such  districts  and 
shall  make  an  award  of  such  moneys,  funds  and  credits  to  the  district  or 
districts  affected  by  such  change,  and  in  making  such  award  the  com- 
missioners shall  take  into  consideration  the  indebtedness,  if  any,  of  th? 
district  so  divided,  and  shall  make  such  division  as  they  deem  just  and 
equitable.     (2696) 

At  the  time  of  making  the  order  for  the  formation  of  a  new  district,  the  coun- 
ty commissioners  should  arrange  for  a  division  of  the  funds  and  credits  between 
the  school  districts  affected  by  such  order,  upon  an  equitable  basis,  but  if  the 
division  is  not  made  at  that  time,  it  can  be  made  at  a  later  meeting  of  the  board 
although  the  safer  course  is  as  first  stated.  It  is  not  necessary  for  the  petition  for 
the  formation  of  a  new  school  district  to  call  for  a  division  of  the  funds;  such  a 
division  is  provided   by  law.      (Simpson,   June   24,    1909.) 

When  the  county  board  has  made  an  order  detaching  territory  from  a  school 
district,  as  provided  by  Chapter  13,  G.  L.  1909,  and  an  appeal  has  been  taken 
from  the  order  of  the  district  court,  and  the  matter  is  pending  there,  such  appeal 
suspends  the  operation  of  the  order,  and  until  it  is  determined  the  status  of  the 
territory  in  question  remains  the  same  as  though  no  order  had  been  entered, 
and  is  taxable  in  the  old  district.      (Simpson,   November  8,   1909.) 

Section  2696  applies  to  all  money  in  the  treasury  at  the  time  of  organization 
of  new  district,  including  funds  for  the  construction  of  a  new  schoolhouse  in  the 
old  district;  and,  the  division  of  such  a  fund  is  not  unlawful  diversion  of  funds 
raised  for  a  specific  purpose.     (126  M.   209.) 

The  division  of  funds  under  Section  2696  rests  in  the  sound  discretion  of  the 
board;  and  the  courts  will  not  interfere  where  it  does  not  appear  such  exercise 
of  discretion   has  been  arbitrary.     (126  M.   209.) 

14.  Same;  duties  of  county  auditor — When  a  school  district  has  been 
formed  from  territory  comprising  two  or  more  districts,  or  where  a  school 
district  has  been  divided  and  the  county  board  has,  by  resolution,  made  a 


division  of  the  moneys,  funds  and  credits  belonging  to  such  districts,  the 
auditor  of  the  county  shall  be  required  to  make  a  division  of  all  the 
moneys,  funds  and  credits  evidenced  by  the  records  in  his  office  pursuant 
to  and  as  required  by  said  resolution.     (2697) 

15.  Same;  districts  in  two  or  more  counties — Whenever  the  territory 
affected  by  any  of  the  foregoing  proceedings  lies  in  two  or  more  counties, 
like  proceedings  shall  be  had  in  each  county  affected,  and  no  order  in  such 
proceedings  shall  be  valid  unless  concurred  in  by  the  county  boards  of  all 
such  counties.     (2682) 

16.  Same;  rehearing  before  county  board — When  the  boundaries  of 
any  district  have  been  changed  by  order  of  the  county  board,  if  there  shall 
be  filed  with  the  auditor  a  petition  to  such  board  for  rehearing,  signed  by 
not  less  than  five  freeholders,  legal  voters  in  said  district,  the  auditor  shall 
present  the  same  to  the  board  at  its  next  meeting.  The  board  shall  there- 
upon set  a  time  and  place  for  rehearing,  and  shall  cause  notice  thereof  to 
be  served  on  the  clerks  of  the  districts  affected  by  such  change,  and  posted 
as  in  case  of  the  original  petition.  The  hearing  may  be  adjourned  from 
time  to  time,  and  the  board  shall  make  such  order  in  the  premises  as  it 
shall  deem  just.     (2703) 

17.  Same;  districts  to  be  composed  of  adjoining  territory — All  districts 
shall  be  composed  of  adjoining  territory,  and  any  part  of  a  district  not  so 
situated,  and  not  containing  a  school  house  used  as  such,  shall  be  by  the 
county  board,  upon  notice  as  in  other  cases,  attached  to  a  proper  district. 
(2705) 

18.  Same;  plats  and  description  of  districts — The  county  auditor  shall 
keep  in  his  office  books  containing  a  correct  plat  and  description  of  each 
district  organized,  whether  wholly  or  partly  in  his  county.     (2706) 

19.  Change  of  common  to  independent  district — Any  common  or  special 
district  may  be  changed  to  an  independent  district  as  hereinafter  provided. 
(2698) 

A  common  school  district  may  organize  as  an  independent  one  at  a  special 
meeting;  and  if  the  board,  prior  to  organization,  has  entered  into  contracts 
with  teachers,  such  contracts  are  valid,  and  the  district  will  be  bound  to  pay  such 
teachers  for  five  months  from  the  date  specified  in  the  contracts  as  the  date  when 
the  school  shall  commence.      (Young,   p.    195.) 

20.  Same;  notice  of  meeting — To  effect  such  change,  ten  days'  posted 
notice  of  a  meeting  shall  be  given,  signed  by  six  or  more  resident  free- 
holders, stating  the  object  of  the  meeting,  and  notifying  the  voters  of  said 
district  to  assemble  upon  a  specified  day,  at  a  place  in  said  district  named 
in  said  notice,  then  and  there  to  vote  by  ballot  upon  the  question  of  or- 
ganization as  an  independent  district.     (2699) 

21.  Same;  vote  upon  change — At  the  time  and  place  mentioned  in 
said  notice,  the  electors  assembled  shall  appoint  a  chairman,  assistant 
chairman  and  clerk,  who  shall  be  the  judges  of  such  election.  The  voting 
shall  be  by  ballot,  and  those  favoring  such  change  shall  write  upon  their 
ballots,  "Independent  district — Yes,"  and  those  against,  "Independent  dis- 
trict—No."    (2700) 

Women  have  a  right  to  vote  on  the  question  of  change  from  common  to  Inde- 
pendent school  districts,  and  on  all  questions  involving  the  interests  of  the  dis- 
trict.    (Donahower,  p.   132.) 

22.  Same;  meeting  to  elect  officers — If  a  majority  of  votes  cast  be  in 
favor  of  the  change,  the  clerk  shall  forthwith  give  notice  thereof  to  the 
county  auditor,  and,  within  twenty  days  thereafter,  shall  call  a  meeting  to 
elect  officers,  upon  ten  days'  posted  notice,  and  the  same  proceeding  shall 
thereafter  be  had  as  in  the  organization  of  other  independent  districts; 
and  the  officers  of  the  common  or  special  district  shall  act  as  officers  of 
the  new  district  until  the  qualification  of  officers  and  organization  of  th« 
new  board.     (2701) 


23.  Change  of  independent  to  common  district — Any  independent  dis- 
trict may  change  its  organization  to  that  of  a  common  school  district  by  a 
vote,  by  ballot  of  two-thirds  of  the  electors  voting  upon  the  question  at 
any  annual  or  special  meeting,  notice  having  been  given  that  such  question 
would  be  submitted  at  such  meeting.  In  case  of  such  affirmative  vote,  the 
meeting  shall  elect  the  proper  officers  in  the  same  manner  as  in  the  organ- 
ization of  a  common  school  district,  and  the  chairman,  treasurer,  and  clerk 
of  the  independent  district  shall  be  the  chairman,  treasurer,  and  clerk, 
respectively  and  shall  constitute  the  board  of  the  ccmmon  district  until 
their  successors  shall  qualify,  and  the  common  district  shall  in  all  things 
be  the  successor  of  the  independent  district.     (2702) 

24.  Consolidation  of  districts — Two  or  more  school  districts  of  any 
kind  may  consolidate  either  by  the  formation  of  a  new  district  or  by  the 
annexation  of  one  or  more  districts  or  unorganized  territory  to  an  existing 
district  in  which  is  maintained  a  state  graded,  semi-graded,  or  high  school 
as  hereinafter  provided. 

A  district  so  formed  by  consolidation  or  annexation  shall  be  known  as 
a  consolidated  school  district.  Before  any  steps  are  taken  to  organize  a 
consolidated  school  district,  the  superintendent  of  the  county  in  which  the 
major  portion  of  territory  is  situated,  from  which  it  is  proposed  to  form  a 
consolidated  school  district,  shall  cause  a  plat  to  be  made  showing  the 
size  and  boundaries  of  the  new  district,  the  location  of  school  houses  in 
the  several  districts,  the  location  of  other  adjoining  school  districts  and 
of  school  houses  therein,  and  the  assessed  valuation  of  property  in  the 
proposed  district,  together  with  such  information  as  may  be  of  essential 
value,  and  submit  the  same  to  the  superintendent  of  education,  who  shall 
approve,  modify,  or  reject  the  plan  so  proposed,  and  certify  his  conclusions 
to  the  county  superintendent  of  schools.    (Section  1,  chapter  238,  Laws  1915.) 

In  consolidation  proceedings,  a  plat  not  in  strict  conformity  with  the  statute 
but  accepted  and  approved  by  the  county  and  state  superintendents  and  made  the 
basis  of  all  subsequent  proceedings,  is  irregular  merely  but  does  not  affect  the 
jurisdiction  of  the  proceedings.     (122  M.  3S9.) 

The  petition  for  an  election  on  the  question  of  consolidation  of  districts  must 
state  the  location  of  the  districts  by  naming  the  county  and  state.  (153  N.  W. 
Rep.  112.) 

Before  a  county  superintendent  is  authorized  to  call  an  election  to  consolidate 
school  districts  the  petitions  for  consolidatin  must  state  the  locations  of  the 
districts  naming  the  county  and  state  wherein  they  are  located.     (130  M.  54.) 

May  two  or  more  school  districts,  having  a  combined  area  of  less  than  twelve 
sections,    consolidate   under   the   provisions    of   chapter   238,    Session   Laws  of   1915? 

Your  inquiry  is  answered  in  the  affirmative.      (Smith,  1919.) 

25.  Petition  for  formation — Signatures  required — After  approval  by  the 
superintendent  of  education  of  the  plan  for  the  formation  of  a  consolidated 
school  district,  and  upon  presentation  to  the  county  superintendent  of  a 
petition  signed  and  acknowledged  by  at  least  twenty-five  (25)  per  cent 
of  the  resident  freeholders  of  each  school  district  or  area  affected,  qualified 
to  vote  at  school  meetings,  who  have  been  such  freeholders  for  at  least 
thirty  (30)  days  immediately  preceding  the  signing  and  acknowledging  of 
the  petition,  asking  for  the  formation  of  a  consolidated  school  district  in 
accordance  with  the  plans  approved  by  the  superintendent  of  education,  the 
county  superintendent  shall,  within  ten  days,  cause  ten  days'  posted  notice 
to  be  given  in  each  district  affected,  and  one  week's  published  notice,  if 
there  be  a  newspaper  published  in  such  district,  of  an  election  or  special 
meeting  to  be  held  within  the  proposed  district,  at  a  time  and  place  specified 
in  such  notice,  to  vote  upon  the  question  of  consolidation.  (Sec.  3,  c,  238, 
Laws  1915,  as  amended  by  c.  470,  Laws  1919.) 

One  who  holds  a  land  contract  for  the  conveyance  of  land  in  consideration 
of  a  conveyance  agreed  to  be  made  by  him  of  other  land  is  a  freeholder.  (140 
M.   479.) 

Tbouph  upon  a  vote  of  a  school  district  the  proposition  of  consolidating  with 
another  district  was  lost  the  same  question  can  be  voted  upon  again  provided 
the   proper  preliminaries   are   carried  out.      (Smith,    May   21,    1915.) 


A  signer  of  a  petition  for  the  formation  of  a  consolidated  school  district  may- 
withdraw  his  name  from  such  petition  and  such  withdrawal  if  made  prior  to  the 
time  action  is  taken  thereon  operates  to  take  his  name  from  the  petition.  If 
made  after  art  ion  is  taken  a.s  for  Instance  by  publishing  or  posting  a  notice,  such 
withdrawal   is   ineffective.      (Smith,   April   20,   1915.) 

You  state  that  a  question  has  arisen  in  a  proceeding  of  that  kind  in  your 
county  as  to  what  is  meant  by  a  '"resident  freeholder."  A  petition  for  the  forma- 
tion of  a  consolidated  school  district  contains  names  of  persons  who  are  not  owners 
of  land  situated  within  the  school  district,  but  who  hold  contracts  for  deed  of  cer- 
tain tracts  therein.  Such  persons,  for  the  reason  that  the  conracts  have  not  ma- 
tured, are  not  entitled  as  yet  to  a  deed.  You  ask  whether  these  parties  who  hold 
such  contracts  for  deed  are  to  be  considered  as  freeholders  in  the  meaning  of  the 
law  above  referred  to. 

In  my  opinion,  your  inquiry  should  be  answered  in  the  affirmative,  provided 
the  persons  in  question  are,  under  the  terms  of  the  contract,  entitled  to  and  are 
in  actual  possession  of  the  land  in   question.      (Smith,   April  3,   1915.) 

On  the  question  of  consolidation,   the  petition  for  an  election  is  jurisdictional, 

and  it  must  be  signed  by  the  number  of  legal  voters  of  each  district   required  by 

the   statute,    namely    25    per   cent;    and  a  petition    signed    by    less    is    wholly    inef- 
fectual.    (122  M.   390.) 

Two  or  more  petitions  may  be  circulated,  one  in  each  district,  instead  of  one 
specified  by  the  statute,  in  proceedings  for  consolidation  of  districts.      (122  M.  389.) 

Election  notices  posted  on  Sunday  where  they  remain  on  the  following  Mon- 
day, which  was  the  last  day  for  posting,  are  valid;  and  when  so  posted  on  Sun- 
day it  is  to  be  presumed  they  remained  posted  on  the  following  Monday.  (127 
M.    S4.) 

The  posting  of  a  notice  of  meeting  for  voting  on  consolidation  in  one  place, 
instead  of  three  places,  is  not  sufficient.     (Smith,   May  4,   1915.) 

A  special  school  meeting,  called  for  the  purpose  of  voting  on  the  question  of 
consolidation,  may  be  held  at  the  same  time  the  annual  meeting  is  held.  Separate 
ballots  and  separate  ballot  box  should  be  used.     (Hilton,  July,  1919.) 

26.  Same;  election;  liability  of  consolidated  district — At  such  meeting 
the  electors  shall  elect  from  their  number  a  chairman  and  clerk  who  shall  be 
the  officers  of  the  meeting.  The  chairman  shall  appoint  two  tellers,  and  the 
meeting  and  election  shall  be  conducted  as  are  annual  meetings  in  common 
and  independent  districts.  The  vote  at  such  election  or  meeting  shall  be 
by  ballot,  which  shall  read  "For  Consolidation,"  or  "Against  Consolidation." 
The  officers  at  such  meeting  or  election  shall,  within  ten  days  thereafter, 
certify  the  result  of  the  vote  to  the  superintendent  of  the  county  in  which 
such  district  mainly  lies.  If  a  majority  of  the  votes  cast  be  for  consolida- 
tion, the  county  superintendent  within  ten  days  thereafter  shall  make 
proper  orders  to  give  effect  to  such  vote,  and  shall  thereafter  transmit  a 
copy  thereof  to  the  auditor  of  each  county  in  which  any  part  of  any  dis- 
trict affected  lies,  and  to  the  clerk  of  each  district  affected,  and  also  to  the 
superintendent  of  education.  If  the  order  be  for  the  formation  of  a  new 
district,  it  shall  specify  the  number  of  such  district.  The  county  super- 
intendent shall  also  cause  ten  days'  posted  notice,  and  one  week's  published 
notice,  if  there  be  a  newspaper  published  in  such  district,  to  be  given  of  a 
meeting  to  elect  officers  of  the  newly  formed  consolidated  school  district; 
provided,  that  the  board  of  a  consolidated  district  shall  from  and  after  the 
formation  of  the  consolidated  district  have  all  the  powers,  privileges  and 
duties,  now  conferred  by  law  upon  boards  of  independent  districts. 

After  the  formation  of  any  consolidated  school  district,  appeal  may  be 
taken  as  now  provided  by  law  in  connection  with  the  formation  of  other 
school  districts.  Nothing  in  this  act  shall  be  construed  to  transfer  the 
liability  of  existing  bonded  indebtedness  from  the  district  or  territory 
against  which  it  was  originally  incurred.  Provided  that  when  territory  of 
an  adjoining  district  is  attached  to  the  consolidated  district  subsequent  to 
consolidation  proceedings,  such  new  territory  so  subsequently  attached  shall 
be  liable  for  its  proportionate  share  of  any  bond,  or  other  then  outstanding 
indebtedness,  incurred  by  the  consolidated  district  for  the  construction  of 
school  buildings  or  the  purchase  of  school  equipment,  but  shall  not  be 
liable  for  any  portion  of  any  indebtedness  incurred  by  any  constituent 
territory  from  which  said  consolidated  district  was  formed,  which  indebted- 
ness was  so  incurred  prior  to  the  consolidation. 

8 


Participation  in  the  election  on  the  question  of  consolidation  does  not  estop 
those  who  oppose  consolidation  from,  questioning  the  validity  of  the  election. 
(122  M.   384.) 

After  the  order  for  consolidation,  official  acts  of  officers  of  a  de  facto  school 
district  are  valid,  even  though  the  proceedings  are  defective  under  the  statute. 
(122  M.  391.) 

On  appeal  in  consolidation  proceedings,  the  appellant  may  be  heard  to  insist 
that  the  officers  charged  with  the  conduct  of  the  proceedings  had  no  jurisdiction 
or  that  the  consolidation  was  against  the  best  interests  of  the  territory  affected. 
(122  M.   387.) 

On  appeal  in  consolidation  proceedings,  the  county  superintendent  is  not  a 
necessary  party.     (122  M.  392.) 

On  appeal,  information  and  consolidation  proceedings,  the  district  court 
has  power  to  pass  upon  the  questions  of  jurisdiction  of  officers,  and  whether  or 
not  the  consolidation  is  arbitrary  and  unreasonably  injurious  to  the  rights  of 
those  affected.     (122  M.  384.) 

Section  3,  chapter  207,  provides  that  the  bonded  indebtedness  of  any  district 
existing  at  the  time  of  the  consolidation,  shall  not  be  transferred  from  the  district 
or  territory  against  which  it  was  originally  incurred.  Further,  chapter  264,  of 
the  last  session  laws,  which  is  in  fact'  a  re-enactment  of  a  previous  law,  provides 
that  no  change  in  the  boundaries  of  a  district  shall  in  any  way  effect  the  lia- 
bilities of  territory  so  changed  upon  any  bond  or  other  obligation.  Existing  law 
directly  provides  that  bonds  of  school  districts  shall  remain  a  lien  against  and 
Shall  be  paid  for  by  the  school  district  which  originally  incurred  the  bonds,  and 
the  payment  of  the  bonded  indebtedness  cannot  be  extended  over  or  taxed  against 
any  other  property  which  may  be  incorporated  with  the  bonded  school  district  by 
reason  of  consolidation  or  other  changes  in  boundary.     (Smith,  March  6,  1912.) 

27.  Same;  of  district  with  another  having  high,  graded  or  semi-graded 
school — In  like  manner,  one  or  more  school  districts  may  be  consolidated 
with  an  existing  district  in  which  is  maintained  a  state  high  or  graded, 
or  semi-graded  school  in  a  district  containing  an  incorporated  village,  in 
which  case  the  school  board  of  the  district  maintaining  a  state  high  or 
graded  or  semi-graded  school  in  a  district  containing  an  incorporated  village, 
shall  continue  to  be  the  board  governing  the  consolidated  school  district, 
until  the  next  annual  school  election,  when  successors  to  the  members 
whose  terms  then  expire  shall  be  elected  by  the  legally  qualified  voters  of 
the  consolidated  school  district;  provided,  however,  that  in  the  case  of 
consolidation  with  a  school  district  in  which  there  is  maintained  a  state 
high  or  graded,  or  semi-graded  school  in  a  district  containing  an  incorpo- 
rated village  consolidation  shall  be  effected  by  a  vote  of  the  rural  school  dis- 
tricts only,  in  the  manner  provided  under  this  act,  and  by  the  approval  of 
such  consolidation  of  the  rural  school  district  or  districts  with  the  one  in 
which  there  is  maintained  a  state  high  or  graded,  or  semi-graded  school  in 
a  district  containing  an  incorporated  village,  by  the  school  board  thereof. 
Provided,  that  the  provisions  in  this  section  shall  be  applicable  to  a  district 
that  has  an  area  not  exceeding  one  (1)  mile  square  in  which  there  is  con- 
tained a  voting  school  population  of  one  hundred  (100)  voters  or  more, 
(Section  5,  chapter  238,  Laws  1915,  as  amended  by  chapter  410,  Laws  1917.) 

Where  a  common  school  district  is  consolidated  with  another  in  which  is 
maintained  a  state  graded  school,  the  consolidated  district  so  formed  does  not 
become  an  independent  district  except  upon  compliance  with  all  the  requirements 
of  the  law;  and  until  such  full  compliance,  the  organization  of  the  district  con- 
taining such  state  graded  or  high  school  continues,  and  the  board  of  that  district 
remains  the  board  of  the  consolidated  district.     (Smith,  July  31,   1913.) 

28.  Same;  of  unorganized  with  existing  district — In  like  manner  any 
portion  of  an  unorganized  school  district  or  district  governed  by  a  county 
board  of  education  may  be  consolidated  with  an  existing  district  in  which 
is  maintained  a  state  high,  graded  or  semi-graded  school,  by  a  vote  of  the 
county  board  of  education  in  the  county  in  which  is  located  such  unor- 
ganized territory  and  by  the  approval  of  such  consolidation  of  the  unorgan- 
ized territory  by  the  school  board  of  the  district  in  which  is  maintained 
a  state  graded,  semi-graded  or  high  school.  (Section  6,  chapter  238,.  Laws 
1915.)  /  ... 

29.  Same;  certificate  of;  transfer  of  records  and  property— The  officers 
of  the  several  districts  forming  a  consolidated  school  district  shall  within 
ten  days  from  receipt  of  copy  of  the  order  of  th^e  county  superintendent 


certifying  the  formation  of  the  new  district,  or  immediately  after  election 
and  qualification  of  members  of  the  school  board  in  the  consolidated  school 
district,  turn  over  to  the  proper  officers  of  the  newly  elected  school  board, 
or  to  the  proper  officers  of  the  school  board  in  the  distiict  maintaining  i lie 
state  high  or  graded,  or  semi-graded  school,  all  records,  funds,  credits, 
buildings,  property  and  other  effects  of  their  several  districts.  (Section  7, 
chapter  238,  Laws  1915.) 

Before  consolidation  it  is  competent  for  a  school  board  if  authorized  at  a 
properly  called  school  meeting,  to  sell  its  schoolhouse,  such  sale  to  be  condi- 
tioned on   the   consolidations  becoming  effective.      (Smith,   Feb.   8,   1915.) 

30.  Same;  power  to  provide  schools,  sites,  transportation  facilities — 
For  the  purpose  of  promoting  a  better  condition  in  rural  schools,  and  to 
encourage  industrial  training,  including  the  elements  of  agriculture,  manual 
training  and  home  economics,  the  board  in  a  consolidated  school  district 
is  authorized  to  establish  schools  of  two  or  more  departments,  provide  for 
the  transportation  of  pupils,  or  expend  a  reasonable  amount  for  room  and 
board  of  pupils  whose  attendance  at  school  can  more  economically  and 
conveniently  be  provided  for  by  such  means;  locate  and  acquire  sites  of 
not  less  than  two  acres,  and  erect  necessary  and  suitable  buildings  there- 
on, including  a  suitable  dwelling  for  teachers,  when  money  therefor  has 
been  voted  by  the  district.  They  shall  submit  to  the  superintendent  of 
education  a  plat  of  the  school  grounds,  indicating  the  site  of  the  proposed 
buildings,  plans  and  specifications  for  the  school  building  and  its  equip- 
ment, and  the  equipment  of  the  premises.  (Section  8,  chapter  238,  Laws 
1915.) 

A  board  in  a  consolidated  district  may  direct  its  bus  to  travel  along  a  certain 
road  and  require  pupils  residing  within  a  half  a  mile  to  walk  to  such  road  for 
transportation.     (Hilton,  October  3,  1918.) 

The  school  board  and  not  the  district  determines  the  amount,  within  funds 
available,  which  shall  be  paid  a  bus  driver.     (Smith,  August  10,  1917.) 

31.  Same;  classification  of,  for  state  aid — (1)  For  receiving  state  aid 
for  transportation,  schools  in  consolidated  districts  shall  be  in  session  at 
least  eight  months  in  the  year  and  be  well  organized.  They  shall  have 
suitable  school  houses  with  the  necessary  rooms  and  equipment.  The  board 
in  a  consolidated  school  district  shall  arrange  for  the  attendance  of  all  pupils 
living  two  miles  or  more  from  the  school,  through  suitable  provision  for 
transportation  or  for  the  boarding  and  rooming  of  such  pupils  as  may  be 
more  economically  and  conveniently  provided  for  by  such  means. 

(2)  Besides  maintaining  schools  in  consolidated  districts  conforming  to 
the  above  requirements  the  school  board  may  maintain  other  schools  of  not 
more  than  two  departments,  and  receive  state  aid  for  these  schools  as  pro- 
vided for  ungraded  elementary  schools.  (Section  9,  chapter  238,  Laws  1915, 
as  amended  by  chapter  349,  Laws  1921.) 

32.  Same;    qualification   of   principal    of,   for  state   aid — The   principal 

of  a  consolidated  school  shall  be  qualified  to  teach  the  elements  of  agri- 
culture, as  determined  by  such  tests  as  are  required  by  the  superintendent 
of  education.  A  school  of  this  class  shall  have  suitable  rooms  and  equip- 
ment for  industrial  and  other  work,  a  library,  and  necessary  apparatus  and 
equipment  for  efficient  work,  and  a  course  of  study  embracing  such  branches 
as  may  be  prescribed  by  the  superintendent  of  education. 

(2)  The  principal  and  other  teachers,  including  special  teachers,  shall 
have  such  qualifications  as  may  be  fixed  by  the  superintendent  of  education. 
(Section  10,  chapter  238,  Laws  1915.) 

33.  Consolidation  of  schools — including  parts  of  districts — Consolida- 
tion of  school  districts  of  any  kind  may  be  effected  as  provided  by  existing 
law,  except  that  parts  of  one  or  more  districts  may  be  included  in  the  vote 
on  consolidation  and  become  a  part  of  a  consolidated  district  as  herein- 
after provided.     (Section  1,  chapter  387,  Laws  1917.) 

10 


34.  Same;  approval  of  plat  by  state  superintendent — Before  any  steps 
are  taken  to  include  a  part  of  a  school  district  in  a  proposed  consolidated 
district  the  superintendent  of  the  county  in  which  the  major  portion  of 
the  territory  is  situated  from  which  it  is  proposed  to  form  such  consolida- 
tion shall,  in  addition  to  the  general  plat  provided  for,  cause  a  special 
plat  to  be  made  of  the  portion  of  any  district  proposed  to  be  included  in 
said  consolidation.  This  special  plat  shall  show  the  location  of  the  entire 
original  district  with  respect  to  the  proposed  consolidated  district,  the 
valuation  and  area  of  the  original  district,  the  valuation  and  area  of  thai 
part  of  the  district  to  be  included  in  the  consolidation  together  with  such 
other  information  as  may  be  of  essential  value.  The  county  superintendent 
of  schools  shall  submit  these  plats  to  the  superintendent  of  education  who, 
after  taking  into  account  a  proper  division  of  the  property  and  of  any 
floating  debt  of  the  original  district  and  considering  the  educational  in- 
terests of  the  community  to  be  affected,  shall  approve,  modify  or  reject 
the  plan  so  proposed  and  shall  certify  his  conclusions  to  the  county  super- 
intendent of  schools.  When  a  plan  for  consolidation  as  above  referred 
to  has  been  approved  by  the  superintendent  of  education,  each  part  of 
one  or  more  districts  thus  included  shall,  for  purposes  of  consolidation,  be 
regarded  as  an  entire  district  and  be  subject  to  the  laws  and  procedure  for 
consolidation  of  entire  districts,  provided  a  petition  signed  and  acknowl- 
edged by  at  least  one-third  of  the  resident  freeholders  from  each  such  part 
of  a  district  is  presented  to  the  county  superintendent  of  schools  asking 
for  the  formation  of  said  consolidation  and  provided  further  that  said 
petition  for  including  a  part  of  a  district  is  approved  by  the  board  of  the 
school  district  effected.     (Section  22,  chapter  387,  Laws  1917.) 

35.  Same;  independent  district;  election  of  board — When  consolidation 
is  effected  by  a  vote  of  two  or  more  districts  or  parts  of  districts,  the  new 
district  shall  thereby  become  an  independent  district  with  the  powers, 
duties  and  privileges  now  conferred  by  law  upon  independent  districts. 
The  county  superintendent  of  schools  shall  cause  a  ten-days'  notice  and 
one  week's  published  notice,  if  there  be  a  newspaper  published  in  such 
district,  to  be  given  at  a  meeting  to  elect  officers  of  the  newly-formed  con- 
solidated district.  The  new  board  shall  be  elected  in  the  same  manner  as 
now  provided  when  a  common  district  changes  to  an  independent  district. 
(Section  3,  chapter  387,  Laws  1917.) 

36.  Same;  bonded  indebtedness  of  school  districts — When  a  school  dis- 
trict not  located  in  an  incorporated  city  or  village  shall  become  a  part  of 
a  consolidated  district  and  is  bonded  for  the  erection  of  a  school  building, 
the  proceeds  from  the  sale  of  said  building  and  site,  if  sold,  shall  be 
applied  on  the  payment  of  said  bonds.  The  voters  of  a  consolidated  district, 
may,  after  its  formation  of  a  majority  vote,  take  over  and  assume  liability 
for  the  payment  of  the  bonded  debt  of  each  district  or  part  df  a  district 
entering  into  the  consolidation  except  the  bonded  debt  of  any  district 
containing  in  whole  or  in  part  an  incorporated  city  or  village.  The  clerk 
of  the  consolidated  district  shall  in  case  such  bond  assumption  vote  carries, 
give  proper  notice  thereof  to  the  auditor  of  each  county  in  which  any  part 
of  such  consolidated  district  is  situated.  (Section  4,  chapter  387,  Laws 
1917.) 

37.  Same;  title  to  property,  officers — In  case  of  the  formation  of  a 
new  district,  like  proceedings  shall  be  had  within  ten  days  after  the  organ- 
ization of  such  district,  and  in  all  cases  of  change  of  boundaries  or  con- 
solidation of  districts  the  title  to  school  houses  and  sites  shall  vest  in  the 
district  in  which  such  property  is  included  after  such  change  or  consolida- 
tion; and  in  case  of  consolidation  the  officers  of  the  old  districts  shall 
continue  to  exercise  their  duties  until  the  officers  of  the  new  district 
qualify.     (2695) 

38.  Dissolution  of  districts— Any  district  in  which  for  two  years  no 
school  has  been  held  may  be  dissolved  by  the  county  board,  and  its  ter- 

11 


ritory  attached  to  one  or  more  existing  districts,  upon  notice  as  in  other 
cases  of  change  of  boundaries,  in  the  most  equitable  manner  possible,  and 
with  regard  to  the  convenience  of  the  inhabitants;  and  any  funds  belong- 
ing to  such  dissolved  district  alter  the  payment  of  its  debts  shall  be 
distributed  among  such  districts  by  the  auditor  in  proportion  to  the  assessed 
value  of  the  real  property  so  attached  to  each.     (2685) 

A  county  board  has  authority,  on  its  own  initiative,  to  dissolve  a  school  dis- 
trict in  which  a  school  has  not  been  maintained  for  two  years  or  more,  provided 
the  required  notice  has  been  given;  and  a  petition  is  not  necessary.  (Smith, 
May   3,    1913.) 

39.  Same;  petition  for;  approval  of  county  superintendent — Any  com- 
mon school  district  in  any  county  having  a  county  board  of  education 
may  be  dissolved,  annulled  and  discontinued  by  the  county  board  as  here- 
inafter provided.  A  petition  requesting  the  taking  of  such  action  shall  be 
presented  to  said  county  board  and  shall  contain  a  correct  description  of 
the  territory  included  in  said  district,  the  number  of  persons  residing 
therein,  the  total  assessed  valuation  of  all  property  within  said  district, 
and  request  that  such  district  be  dissolved,  annulled  and  discontinued. 
Such  petition  shall  be  signed  by  a  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  in  said  district  and  before  being  presented  to  the 
county  board  it  shall  be  approved  by  the  county  superintendent  of  schools 
if  such  petition  meets  with  his  approval,  and  it  shall  also  be  approved  by 
the  county  board  of  education.     (2789) 

40.  Same;  notice  of  hearing  petition  of  county  board — Upon  the 
presentation  of  such  petition  approved  as  aforesaid,  the  county  board  shall 
designate  a  time  for  hearing  the  same  and  notice  thereof  shall  be  given 
in  the  manner  provided  by  law  for  notice  in  the  case  of  the  formation  of  the 
school  district.     (2790) 

41.  Same;  appeal  from  action  of  board — At  such  hearing  the  board 
shall  act  in  a  manner  similar  to  the  action  provided  by  law  for  the  forma- 
tion of  districts,  and  any  person  aggrieved  may  appeal  in  like  manner. 
(2791) 

42.  Same;  county  board;  disposition  of  funds — If  said  petition  is 
granted  by  the  county  board,  then  said  school  district  shall  from  that  time 
cease  to  exist  and  all  of  the  territory  thereof  and  the  schools  previously 
conducted  by  it  shall  then  come  under  the  jurisdiction  of  the  county  board 
of  education  of  said  county,  and  shall  thereafter  be  managed  by  said 
county  board  of  education  in  the  same  manner  as  if  said  district  had 
never  been  organized.  And  it  shall  be  the  duty  of  the  officers  of  said 
vacated  school  district  to  forthwith  deliver  to  the  county  auditor  of  said 
county  all  of  the  books  and  records  of  said  school  district,  and  to  the 
county  treasurer  all  of  the  money  and  school  funds  in  its  possession,  and 
said  county  treasurer  shall  forthwith  credit  all  such  moneys  and  school 
funds  to  the  account  of  the  county  board  of  education  of  such  county. 
The  county  treasurer  shall  thereafter  credit  to  the  account  of  said  county 
board  of  education  all  moneys  and  school  funds  thereafter  collected  from 
any  previous  tax  levy  made  by  said  school  district,  except  such  moneys 
and  school  funds  as  are  derived  from  taxes  levied  for  the  purpose  of 
paying  the  bonds  or  interest  on  the  bonds  of  any  such  school  district. 
(2792) 

43.  Same;  outstanding  obligations — 'All  incurred  and  outstanding  ob- 
ligations of  any  district  so  discontinued  and  vacated  shall  be  and  remain 
a  charge  upon  the  property  formerly  within  said  district  to  the  same  effect 
as  if  said  district  had  not  been  discontinued,  and  the  county  auditor  shall 
each  year  levy  against  all  of  the  taxable  property  within  the  limits  of  said 
former  school  district  a  sufficient  levy,  not  to  exceed  the  maximum  pro- 
vided by  law,  for  the  cancellation  and  liquidation  of  such  outstanding  in- 
debtedness, such  levy  to  be  made  year  after  year  until  said  entire  in- 
-■: . 

12 


debtedness  is  cancelled  and  extinguished.  And  the  amount  levied  by  the 
county  board  of  education  upon  all  taxable  property  in  unorganized  ter- 
ritory shall  be  levied  upon  the  property  within  the  limits  of  said  former 
school  district  in  addition  to  the  amount  so  levied  by  said  auditor  and  in 
the  same  proportion  that  it  is  levied  upon  the  taxable  property  in  said 
county  outside  of  organized  school  districts.     (2793) 

44.  Same;  certain  counties  exempt — This  act  shall  not  apply  to  anv 
county  or  counties  not  having  a  county  board  of  education  as  provided 
by  chapter  76,  General  Laws  1907.     (2794) 

45.  Consolidation  of  schools;  payment  of  indebtedness  of  old  districts 
— Whenever  any  school  district  has  heretofore  been  included  in  a  consoli- 
dated school  district,  the  bonded  and  floating  indebtedness  of  such  old 
school  district  existing  at  the  time  of  the  going  into  effect  of  such  con- 
solidation shall  be  paid  in  the  manner  following: 

A.  Each  year  the  county  auditor  shall  extend  a  tax  against  the  terri- 
tory chargeable  with  the  payment  of  any  outstanding  bond  for  an  amount 
sufficient  to  pay  the  interest  or  installment  of  principal  due  upon  such  bond 
in  the  year  following.  Such  tax  when  so  collected  shall  be  turned  over  by 
the  county  treasurer  to  the  treasurer  of  the  consolidated  school  district, 
who  shall  keep  the  same  in  a  separate  fund  and  use  the  money  so  received 
for  the  payment  of  such  interest  or  installment  of  principal.  In  case,  either 
because  all  of  said  taxes  so  levied  are  not  paid  or  for  any  other  reason,  the 
amount  so  raised  by  such  tax  levy  shall  not  be  sufficient  to  pay  such  in- 
terest or  installment  of  principal,  then  the  amount  so  remaining  unpaid  for 
such  year  shall  be  included  in  the  levy  to  be  made  the  following  year. 

B.  The  county  auditor  shall  also  levy  a  sufficient  tax  against  the  ter- 
ritory which  was  included  in  the  old  school  district  at  the  time  the  con- 
solidation to  pay  the  outstanding  liabilities  of  such  old  district,  excepting 
bonded  indebtedness,  as  such  outstanding  liability  may  be  represented  by 
school  district  orders  duly  issued  prior  to  such  consolidation.  The  money 
collected  from  such  tax  levy  shall  be  by  the  county  treasurer  paid  over  to 
the  treasurer  of  the  consolidated  school  district,  who  shall  keep  the  same  in 
a  separate  fund  and  therefrom  pay  such  outstanding  school  district  orders 
with  interest  thereon.  In  case  the  money  so  collected  shall  not  be  sufficient 
to  pay  all  of  such  outstanding  orders  with  interest  thereon,  then  the  county 
auditor  shall  the  following  year  levy  a  tax  sufficient  to  pay  such  residuum  so 
unpaid,  and  so  continue  from  year  to  year  until  full  payment  has  been  made. 

C.  In  case  any  such  old  school  district  included  in  a  consolidated  school 
district  has  outstanding  obligations  not  represented  by  bonds  or  school  dis- 
trict orders,  the  claims  against  such  old  school  district  may  be  presented 
to  the  board  of  the  consolidated  district,  and  if  found  correct  may  be  allowed 
by  said  board  and  school  district  orders  issued  therefor  against  the  terri- 
tory included  in  such  old  school  district  to  be  so  designated,  and  money  to 
pay  the  same  shall  be  provided  by  tax  levy,  and  the  county  auditor,  county 
treasurer  and  consolidated  district  treasurer  shall  take  the  same  procedure 
and  perform  the  same  duties  and  acts  as  in  Paragraph  B  hereof  provided. 

D-  The  school  board  of  a  consolidated  district  in  which  was  included 
any  school  district  having  a  bonded  indebtedness  may  refund  such  bonded 
indebtednness  by  a  three-fourths  vote  of  the  members  of  such  school  board 
and  issue  refunding  bonds  therefor  which  shall  be  chargeable  against  the 
territory  that  was  chargeable  with  the  payment  of  the  bonds  so  proposed 
to  be  refunded.  Such  refunding  bonds  shall  not  run  for  a  period  shorter 
than  five  years  nor  longer  than  twenty  years.  The  first  refunding  bond  shall 
be  due  six  years  from  the  date  of  its  issuance  and  shall  be  for  not  less  than 
one-tenth  of  the  bond  issue  in  question  nor  more  than  one-fifth  thereof,  and 
each  subsequent  bond  shall  be  for  a  like  amount  and  shall  be  payable  one 
year  from  the  due  date  of  the  bond  to  be  paid  the  preceding  year.     The 

13 


county  auditor  shall  extend  a  tax  against  all  the  territory  chargeable  in  the 
first  instance  with  the  payment  of  the  old  bonds  sufficient  to  pay  the  in- 
terest on  such  refunding  bonds  and  any  installment  of  principal  that  may 
be  due  in  the  following  year.  Such  tax  for  the  first  year  shall  be  fifty  per 
cent  in  excess  of  the  amount  to  be  due  the  succeeding  year,  and  thereafter 
each  yearly  levy  shall  be  in  such  amount  in  excess,  not  exceeding  fifty  per 
cent  of  the  amount  to  be  due  the  succeeding  year,  as  the  auditor  may  deem 
necessary.  The  county.treasurer,  upon  the  collection  of  such  tax,  shall  apply 
the  proceeds  thereof  to  the  payment  of  such  interest  or  installment  of  prin- 
cipal, and  shall  file  with  the  county  auditor  receipts  therefor,  together  with 
the  cancelled  bonds  so  taken  up.  The  state  board  of  investment  may  invest 
the  funds  under  its  control  in  refunding  bonds  so  issued  under  the  pro- 
visions of  this  paragraph.  , 

E.  Whenever  any  person  has  a  claim  against  a  school  district  which 
has  been  included  in  a  consolidated  district,  which  claim  is  not  represented 
by  a  bond  or  school  district  order  and  which  claim  the  consolidated  district 
school  board  will  not  allow  and  issue  a  school  district  order  therefor  as  pro- 
vided in  Paragraph  C  hereof,  such  person  may  institute  action  in  the  proper 
court  against  the  territory  included  in  such  old  school  district  at  the  time  of 
the  consolidation  by  serving  a  summons  and  complaint  upon  the  consolidated 
district  school  board,  which  board  shall  defend  such  action  in  behalf  of  the 
territory  affected.  In  case  judgment  is  secured  by  any  such  person  on  any 
such  claim,  then  upon  filing  a  certified  copy  of  such  judgment  with  the 
county  auditor,  such  county  auditor  shall  proceed  by  the  levy  substantially 
as  provided  in  Paragraph  B  hereof  and  the  money  so  received  from  such 
tax  levy  shall  be  paid  by  the  county  treasurer  in  payment  of  such  judg- 
ment.    (Section  1,  chapter  432,  Laws  1917.) 

46.  Such  moneys  so  received  by  the  county  treasurer  and  by  the 
treasurer  of  the  consolidated  district  shall  be  considered  as  county  and 
school  district  moneys  so  received  by  them  respectively,  and  such  treasurers 
and  their  bondsmen  shall  be  liable  for  the  proper  care  and  distribution 
thereof  to  the  same  extent  as  they  are  liable  .'or  other  county  and  school 
district  funds  that  may  be  received  by  them.  (Section  2,  chapter  432, 
Laws  1917.) 

47.  Consolidation  of  school  districts  within  village  or  city  of  fourth 
class — When  an  incorporated  village  or  a  city  of  the  fourth  class  contains 
two  or  more  school  districts  of  any  kind  situated  wholly  or  in  part  within 
the  corporate  limits  of  such  village  or  city,  when  only  one  of  such  districts 
maintains  a  state  high  school,  such  districts  may  be  consolidated  and  form 
one  district  in  the  manner  hereinafter  provided.  (Section  1,  chapter  453, 
Laws  1917.) 

48.  Same;  state  superintendent  of  education  to  consider  advisability  of 
consolidation — Whenever  a  petition  signed  and  acknowledged  by  at  least 
twenty-five  per  cent  of  the  legal  voters  of  each  school  district  affected  shall 
be  presented  to  the  state  commissioner  of  education  requesting  that  the 
said  districts  be  united  to  form  one  district,  and  requesting  the  said  state 
commissioner  to  call  an  election  within  each  affected  district  to  vote  upon 
the  consolidating  of  such  districts,  the  state  commissioner  of  education 
shall  make  proper  inquiry  as  to  the  advisability  of  such  proposed  consolida- 
tion, and  if  he  shall  deem  it  for  the  best  interest  of  education  therein  and 
of  the  territory  affected,  he  shall  order  an  election  to  determine  the  ques- 
tion of  such  proposed  consolidation  to  be  held  within  each  of  the  districts 
affected.  Notice  of  such  election  shall  be  given  by  posted  and  published 
notice  as  required  by  law  for  the  consolidation  of  school  districts.  Such 
elections  shall  be  conducted  in  the  same  manner  as  are  annual  school 
elections  in  independent  districts.  The  vote  shall  be  by  ballots  which  shall 
read  "For  Consolidation,"  or  "Against  Consolidation."  (Section  2,  chapter 
453,  Laws  1917,  as  amended  by  chapter  441,  Laws  1921.) 

Electors  present  should  choose  a  chairman  and  clerk  pro  tem  to  take  charge 

14 


of  meeting.  The  chairman  should  appoint  two  tellers  to  take  and  canvass  the 
votes.  The  chairman  and  clerk  should  certify  the  result  of  the  election  to  the 
county  auditor  and  state  superintendent  of  education.     (Hilton,  June  15,   191S.) 

49.  Same;  certifying  election — The  officers  of  such  election  shall 
certify  and  make  return  of  the  result  of  the  election  to  the  State  Commis- 
sioner of  Education.  If  a  majority  of  the  legal  votes  cast  at  such  election 
in  each  school  district  shall  be  in  favor  of  such  consolidation  such  district 
shall  be  consolidated  and  the  state  commissioner  of  education,  within  ten 
days  after  the  result  of  such  certification  and  return,  shall  make  an  order 
to  give  effect  to  such  vote  and  declare  the  consolidation,  specifying  the 
number  of  such  new  district  and  transmit  a  copy  thereof  to  the  auditor  of 
each  county  in  which  any  part  of  any  district  affected  lies  and  to  the 
clerk  of  each  district  affected. 

After  the  formation  of  any  consolidated  school  district  under  this  act 
any  person  aggrieved  may  appeal  from  said  order  of  the  commissioner  de- 
claring such  consolidation  to  the  district  court  of  the  county  as  now  pro- 
vided by  law  in  connection  with  the  formation  of  other  school  districts. 
(Section  3,  chapter  453,  Laws  1917,  as  amended  by  chapter  441,  Laws  1921.) 

The  superintendent's  order  should  be  made  on  a  certified  copy  of  the  return 
of  the  officers  of  the  election  at  which  consolidation  was  voted.  (Hilton,  June 
15,    1918.) 

50.  Same;  existing  indebtedness — Nothing  in  this  act  shall  be  con- 
strued to  transfer  the  liability  of  existing  indebtedness  from  the  district  or 
territory  against  which  it  was  originally  incurred.  (Section  4,  chapter  453, 
Laws  1917.) 

51.  Same;  state  aid — A  consolidation  formed  under  this  act  shall  not 
entitle  the  district  to  any  of  the  state  aid  for  consolidated  schools  unless 
the  district  and  its  schools  conform  in  all  respects  to  thp  provision;  tor 
consolidated  schools  under  chapter  238,  General  Laws  of  1915.  (Section  5, 
chapter  453,  Laws  1917.) 


CHAPTER   II. 

SCHOOL  MEETINGS. 

52.  Annual  meeting — The  annual  meeting  of  all  common  and  inde- 
pendent districts  shall  be  held  on  the  third  Saturday  in  July,  at  7  o'clock 
p.  m.,  unless  a  different  hour  has  been  fixed  at  the  preceding  annual  meet- 
ing, upon  ten  days'  posted  notice  given  by  the  clerk,  and  specifying  the 
matters  to  come  before  such  meeting;  but  the  failure  of  the  clerk  to  give 
such  notice,  or  to  specify  the  business  to  be  transacted  thereat  shall  not 
affect  the  validity  of  any  business,  except  the  raising  of  money  to  build 
or  purchase  a  school  house,  the  authorizing  of  an  issue  of  bonds,  the  fix- 
ing of  a  school  house  site,  the  organization  as  an  independent  district,  or 
the  change  from  an  independent  to  a  common  district.  The  boards  of 
education  or  trustees  in  special  school  districts  may  fix  the  time  of  the 
annual  meeting,  when  so  authorized  by  vote  of  the  district;  provided  .that 
the  polls  at  all  school  meetings  shall  be  held  open  at  least  one  hour.     (2710) 

The  time  and  place  of  an  annual  mooting  need  not  be  designated  at  the  last 
preceding  annual  meeting.     (12  M.  17)   (Gil.  1.) 

A  notice  of  mer-ting  over  the  signature  of  five  or  more  freeholders,  qualified 
electors  of  the  district,  but  which  fails  to  recite  on  its  face  that  the  signers  were 
such  freeholders,  is  not  void  for  want  of  such  recital.     (45  M.  88.) 

When  the  polls  at  a  school  meeting  have  been  held  open  for  one  hour  and  the 
ballots  counted,  they  cannot  thereafter  be  opened  and  another  ballot  taken,  even 
when  there  has  been  no  choice. 

At  the  election  of  school  officers,  a  plurality  of  votes  only  is  necessary  to  a 
choice,  and  not  a  majority  of  all  the  votes  cast  under  section  1308,  R.  L.  (Young, 
July,   1906.) 

IS 


A  school  meeting  may  be  held  open  until  the  business  is  transacted,  whether 
it  be  for  an  hour  or   more,    under  section  1305.      (Young,   p.   185.) 

The  term  "posted  notice"  shall  mean  the  posting  at  the  beginning  of  the  pre- 
scribed period  of  notice  of  a  copy  of  the  notice  or  document  referred  to,  in  a 
manner  likely  to  attract  attention,  in  each  of  three  of  the  most  public  places  in 
the  district  to  which  the  subject-matter  of  the  notice  relates,  or  in  which  the 
thing  of  which  notice  is  given  to  occur  or  be  performed.  (Sub.  14,  Section  5614, 
R.  L.   1905.) 

The  legal  voters  at  the  annual  or  at  a  special  meeting  have  no  power  to 
select  a  teacher,  or  to  determine  what  salary  shall  be  paid.  These  are  questions 
for  the  district  board,  which  "gets  its  authority,  not  from  the  voters,  but  from 
the  law." 

The  right  of  a  teacher  to  vote  at  the  place  where  she  is  teaching  depends 
entirely  upon  whether  or  not  she  is  a  resident  of  that  place;  and  residence  is 
largely  a  matter  of  intention.  If  she  is  a  resident,  that  is,  intends  to  make  it  her 
permanent  home,  she  is  entitled  to  vote,  otherwise  not.     (Young,  May,   1907.) 

The  mere  fact  that  a  man  owns  a  farm  in  a  school  district  does  not  entitle 
him  to  vote  therein  at  the  annual  school  meeting.  If  he  is  a  resident  of  an  ad- 
joining district,  and  is  otherwise  qualified,  that  is  the  place  for  him  to  vote. 
(Simpson,  July  9,  1909.) 

The  polls  at  a  bond  issue  election  must  be  held  open  at  least  one  hour;  but  the 
board  may  specify  the  hour.     (Hilton,  April  25,  1919.) 

Notice  of  the  annual  meeting  must  contain  a  provision  for  raising  money 
for  building  purposes,  or  such  action  cannot  be  taken,  as  the  electors  must  be 
fully  apprised  of  the  fact  that  such  matter  will  come  before  the  meeting  for 
consideration,    to   make   any   action    thereon   legal.      (Simpson,   July   22,    1909.) 

It  is  not  necessary  that  the  question  of  providing  transportation  for  children 
to  and  from  the  school  be  inserted  in  the  call  for  the  annual  school  meeting,  but 
the  district  can  take  such  action  at  the  meeting  without  it  being  stated  in  the 
call  that   the   question  will  be  considered.      (Simpson,   Aug.   4,   1910.) 

Before  the  question  of  a  change  of  a  school  house  site  can  be  acted  on,  a 
meeting  must  be  called  as  provided  by  law,  in  the  notice  of  which  the  question 
must  be  stated  clearly  and  definitely  as  to  the  object  of  the  meeting;  where  the 
law  provides  that  a  petition  or  request  shall  be  signed  by  five  freeholders  and 
voters  of  the  district,  it  is  nescessary  that  such  signers  be  both  freeholders  and 
voters;  and  women  have  the  right  to  sign  such  petitions  when  they  are  free- 
holders  and  voters.      (Simpson,    Sept.    19,    1910.) 

A  record  of  a  meeting  which  states  that  it  was  held  "pursuant  to  notice 
previously  given  in  writing  agreeably  to  the  statute"  is  prima  facie  evidence  of  a 
regular  notice.     (12  M.   17)     Gil.   1.) 

A  person  who  is  a  candidate  for  re-election  at  a  school  meeting,  may  act 
in  an  official  capacity  at  such  meeting.     (Young,  p.  204.) 

53.  Powers  of  annual  school  meetings— The  annual  meeting,  not  less 
than  five  legal  voters  being  present,  shall  have  power: 

1.  To  elect  a  chairman  and  clerk  pro  tern,  if  the  chairman  and  clerk 
of  the  board  be  absent;  but  in  common  and  independent  districts  the  chair- 
man and  clerk  of  the  school  board  shall  officiate  in  their  respective 
capacities  at  all  meetings  of  the  electors  of  the  district. 

2.  To  adjourn  from  time  to  time. 

3.  To  elect  by  ballot  officers  of  the  district.  In  all  elections  or  vote 
by  ballot,  the  clerk  shall  record  the  names  of  all  voters  participating 
therein,  and  the  chairman  shall  appoint  as  tellers  two  disinterested  electors, 
who,  with  the  assistance  of  "the  clerk,  shall  supervise  the  balloting  and 
canvass  the  votes. 

District  officers  must  be  elected  by  ballot.     (Wilson,  p.  352.) 

The  proceedings  of  a  school  meeting  presided  over  by  a  moderator  not  elected 

in  due  form  are  valid  if  no  objection  be  made  at  the  time.     (Hahn,  p.  477.) 

The    law    requires    that    the    election    of    school    district    officers    must    be    by 

ballot,    and   that   the   polls   shall    remain    open    for   one   hour,    and   the    election    of 

officers   by    acclamation    is    not    in   compliance   with    law,    and    can    in   no    way   be 

considered  a  legal  election.      (Simpson,   July  22,   1909.) 

Section  1308,  R.  L.  1905,  empowers  the  annual  meeting  of  a  school  district 
"to  elect  by  ballot  officers  of  the  district."  The  law  does  not  now,  as  it  formerly 
did,- require  that  an  officer  be  elected  by,  a  majority  of  all  votes  cast,  and  a- 
pluralit'y  vote  Is  sufficient.     (Simpson,  Jime' 17,  1909.) 

4.  To  designate  a  site  for  a  school  house,  and  provide  for  building  or 
otherwise   placing  a   school   house   thereon,   when   proper  notice  has  been 

16 


given,  but  a  site  on  which  a  school  house  stands  or  is  begun  shall  not  be 
changed,  except  by  vote  therefor,  designating  a  new  site,  by  a  majority  of 
the  legal  voters  of  the  district,  who  have  resided  therein  not  less  than  one 
year  prior  to  the  vote. 

If  a  school  district,  at  a  properly  called  meeting,  votes  to  change  the  present 
school  house  site,  and  locate  the  school  building  upon  a  new  site,  at  a  definite 
place,  and  the  district  cannot  make  satisfactory  terms  with  the  land  owner,  then 
the  school  district,  by  proper  proceedings  in  court,  can  have  the  necessary  land 
condemned.      (Simpson,   May  17,  1910.) 

It  is  not  competent  for  the  voters  at  a  school  district  meeting  to  apoint  a 
building-  committee  for  a  new  schoolhouse.  It  is  the  business  of  the  board  to 
attend  to  the  managment  of  such  building,  and  this  power  and  duty  cannot  be 
taken  from  them  by  a  district  meeting.     (Smith,  May  12,  1914.) 

It  is  not  competent  for  the  district  at  any  meeting  thereof,  to  delegate  to  the 
board  the  designation  of  a  schoolhouse  site.      (Smith, .) 

Where  a  district  election  is  <called  to  vote  upon  the  question  of  the  selection 
of  schoolhouse  site,  and  the  ballot  has  been  taken  and  the  will  of  the  voters 
determined,  it  is  not  competent  for  another  ballot  to  be  taken  at  the  same  elec- 
tion; but  another  election  may  be  called  to  vote  on  the  same  proposition.  (Smith, 
May  5,  1915.) 

A  school  district  has  authority  to  employ  a  part  of  a  dwelling  house  as  a 
schoolhouse.     (7  M.  203)   (Gil.  145.) 

A  meeting  must  determine  upon  the  erection  of  a  schoolhouse  or  the  selection 
of  a  site  before  a  tax  can  be  levied  therefor.     (10  M.  433')   (Gil.  345.) 

When  a  district  purchases  a  site  for  a  schoolhouse,  erects  a  schoolhouse 
thereon,  and  continues  to  use  it,  it  will  be  presumed  that  the  site  was  legally 
selected  by  the  voters,  and  that"  the  officers  acted  within  the  scope  of  their 
authority,  when  all  the  records   relating  to   it  have  been  lost.     (83  M.   111.) 

The  purchase  of  a  schoolhouse  site  under  void  proceedings  may  be  ratified 
by  the  subsequent  action  of  the  voters,  such  as  approval  thereof  at  the  next 
annual  meeting.      (122   M.    60.) 

The  directions  to  contract  for  the  erection  or  lease  of  a  schoolhouse  must 
come  from  a  district  meeting,  and  in  the  powers  conferred  upon  that  meeting 
there  is  no  limitation  as  to  the  amount  which  shall  be  expended  for  the  purposes 
designated,  the  only  limitation  being  as  to  the  amount  of  tax  which  may  be  levied 
in  any  one  year,  namely,  six  hundred  dollars.  (Robbins  vs.  School  District  No.  1, 
Anoka  County,   10  Minn.,  page  268.) 

Voters  may  at  a  lawful  meeting  rescind  vote  of  former  meeting  as  to  selecting 
site  and  raising  money  to  build  a  schoolhouse.     (Wilson,  p.  366.) 

While  the  question  of  a  new  site  and  of  raising  money  for  a  schoolhouse 
may  be  voted  upon  in  one  ballot,  it  is  better  practice  to  vote  upon  them  separate- 
ly.    (Young,  May,  1907.) 

It  appears  that  the  trustees  built  the  schoolhouse  well  to  the  nothern  boun- 
dary of  the  district,  and  in  so  doing-  ignored  the  vote  of  the  district  in  fixing  the 
site.  In  this  they  clearly  exceeded  their  authority,  and  the  district  would  not  be 
bound  by  their  action,  and  could  not  be  compelled  to  pay  for  the  house.  (Wilson, 
p.  297.) 

The  annual  school  district  meeting,  if  held  without  the  statutory  notice,  can- 
not vote  money  for  the  building  or  purchasing  of  a  schoolhouse.  or  fix  the  site 
thereof,   but  may  tranact  all   other   lawful   business.      (Wilson,   p.    324.) 

Notices  are  not  essential  to  the  legality  of  an  annual  school  meeting,  but 
when  money  is  to  be  raised  to  build  or  buy  a  schoolhouse  or  fix  the  site  then  of, 
written  notices  setting  forth  that  such  money  is  proposed  to  be  raised  or  a  site 
established  must  be  posted  as  prescribed  in  the  law.     (Cole.  p.  74.) 

5.      To    repeal    and    modify    their    proceedings    from    time   to    time,    in 
accordance  with  the  powers  therein  conferred.     (2715) 

Must  Show  Authority. — As  school  districts  are  mere  creatures  of  law.  estab- 
lished for  special  purposes,  and  derive  all  their  powers  from  the  acts  creating 
them,  it  is  perfectly  just  and  proper  that  they  should  be  obliged  strictly  to  show 
their  authority  for  the  business  they  transact  and  be  confined  in  their  operations 
to  the  mode,  manner  anil  subject-nfetter  prescribed.  (School  District.  No.  7, 
Wright  County   vs.   J.    II.    Thompson,   5   Minn.,   p.    221.) 

54.  Additional  powers  of  annual  meeting  in  common  school  districts 
In  addition  to  the  foregoing  powers,  any  common  school  district  at  its 
annual  meeting,  or  at  a  special  meeting  when  proper  notice  has  been  given, 
may  vote  a  sufficient  fund  for  maintenance  of  its  schools  and  for  all  other 
proper  purposes,  appoint  a  librarian,  and  make  rules  for  the  use  and 
management  of  the  library,  and  direct  the  school  board  to  make  designated 

•     17 


improvements   to  school   property,   and   to   provide  free   textbooks   for  the 
schools.     (2716) 

Whore  at  a  meeting:  it  was  voted  to  have  school  kept  for  a  specified  time, 
and  sufficient  funds  provided,  the  trustees  are  liable  to  a  penalty  by  neglecting 
without  excuse,  to  provide  the  school  for  the  specified  time.     (17  M.  227.) 

A  common  school  district  has  no  authority  to  loan  money  raised  by  taxes  for 
the  carrying  on  of  its  schools.     (Young,  p.   191.) 

When  a  district  at  its  annual  meeting  has  voted  to  keep  eight  months'  school 
and  provided  the  funds,  it  may  afterward  at  a  special  meeting,  legally  called  un- 
der section   130G,    R.   L...   change   the  length   of  the   school   term.      (Young,   p.    192.) 

In  an  independent  district  the  board  may  be  authorized  to  purchase  a  site 
or  change  it,  by  a  majority  vote.     (Young,   p.   1S2.) 

The  district  meeting  may  ratify  a  contract  by  the  trustees  for  more  than  five 
months'  school,  and  levy  a  tax  for  the  payment  of  teachers  so  emplyoed.  (Cole, 
p.  102.) 

If  a  district  votes  to  have  school  for  a  longer  time  than  that  required  by 
law,  it  must  also  vote  adequate  means  to  support  it.  The  trustees  have  no  power 
to  levy  a  tax  to  meet  the  increased  expense.     (Cornell,  p.  256.) 

55.  Same;  district  clerk  to  mail  notice — The  annual  school  meeting 
of  any  common  school  district  may  in  its  discretion  authorize  and  direct 
the  district  clerk  to  mail  a  notice  of  annual  and  special  school  meetings 
to  the  electors  of  the  district,  at  least  five  days  before  the  date  of  the 
meeting;  provided  that  the  failure  or  neglect  of  the  clerk  to  mail  such 
notice  shall  not  affect  or  invalidate  the  said  meeting  or  the  business  trans- 
acted thereat.     (2713) 

56.  Special  meetings — Upon  the  written  request  of  five  freeholders 
and  voters  of  a  district,  specifying  the  business  to  be  acted  upon,  or  upon 
the  adoption  of  a  proper  resolution,  so  specifying,  by  the  school  board,  or 
upon  a  request,  so  specifying,  signed  by  a  majority  of  the  members  of  the 
school  board,  the  clerk  shall  call  a  special  meeting  of  such  district  upon 
ten  days'  posted  notice  and  one  week's  published  notice,  if  there  be  a 
newspaper  printed  in  such  district,  and  shall  specifv  in  such  notice  the 
business  named  in  such  request  or  resolution  and  the  time  and  place  of 
meeting.  If  there  be  no  clerk  in  the  district,  or  if  he  fails  for  three  days 
after  receiving  such  request  or  resolution  to  give  notice  of  such  meeting, 
it  may  be  called  by  like  notice  signed  by  five  freeholders  and  voters  of 
the  district.  No  business  except  that  named  in  the  notice  shall  be  transacted 
at  such  meeting. 

In  case  it  shall  be  made  to  appear  by  affidavit  that  there  are  not  five 
voters  who  are  freeholders  in  any  school  district,  or  that  there  is  not  a 
legal  school  board  therein,  the  county  superintendent  of  schools  of  the 
county  in  which  such  district  is  located,  shall  if  in  his  opinion  there  is 
need  for  such  school  meeting,  call  such  meeting  by  giving  notice  thereof 
as  hereinbefore  provided.     (2711) 

The  powers  of  a  school  district  are  the  same  at  a  special  as  at  an  annual 
meeting.      (12  M.   17)    (Gil.   1.) 

When  two  requests  or  petitions  for  meetings  to  consider  different  matters, 
are  filed,  it  is  immaterial  which  meeting  is  first  called;  though  the  natural  and 
orderly  course  is  to  call  the  meetings  in  the  order  in  which  requests  were  filed 
( Young,   May,   1907.) 

When  a  petition  is  filed  with  the  clerk  for  a  special  meeting,  it  is  his  duty  to 
call  such  meeting  by  posted  and  published  notices;  and  if  he  fail  to  do  so,  such 
meeting  may  be  called  by  like  notices  signed  by  five  freeholders  of  the  district. 
It  is  neither  necessary  nor  proper  that  the  board  act  upon,  such  petition  or  request. 
(Young,  May,  1907.) 

A  special  school  meeting  to  bond  a  school  district  to  build  a  new  schoolhouse 
cannot  lawfully  be  held  on  Memorial  Day.  May  30th,  and  the  state  board  of  invest- 
ment would  not  accept  bonds  voted  on  that  day,  and  would  not  loan  state  money 
theseon.     (Simpson,  June  8,  1910.) 

It  is  not  proper  for  the  electors  at  a  special  school  meeting  to  appoint  a 
building  committee  consisting  of  two  members  of  the  board  and  one  outsider,  to 
dispose  of  an  old  schoolhouse,  and  let  a  contract  for  a  new  one.  When  a  school 
district   votes    to   build   a    schoolhouse,    designates    a   site    and    provides   funds   for 

18     ' 


the  purposes,  the  trustees  of  the  district  are  charged  with  the  duty  of  excuting 
the  will  of  the  district  in  the  premises.     (Simpson,  July  22,  1909.) 

Under  sections  1306,  1308,  1320,  R.  L.,  the  site  of  a  schoolhouse  may  be 
changed  at  a  special  meeting  of  the  voters.     (141  Northwestern  Reporter,  p.   801.) 

A  schoolhouse  site  may  be  changed  at  a  special  meeting  of  the  voters  called 
for    the    purpose    pursuant    to    section    2711.      (121    M.    376.) 

Where  at  a  special  meeting,  the  proposition  to  change  the  location  of  a 
schoolhouse  was  voted  on  and  declared  carried  by  the  moderator,  it  sufficiently 
appears  it  was  carried  by  the  vote  required,  although  the  proof  did  not  show  the 
affirmative  voters  were  a  majority  of  the  resident  voters.     (121  M.  376.) 

A  special  school  meeting  duly  called  for  the  purpose  of  deciding  upon  a  school 
house  site,  can  he  adjourned  and  the  vote  taken  upon  the  question,  at  an  ad- 
journed meeting,  and  it  would  seem  that  anything  could  be  transacted  at  a  prop- 
erly adjourned  meeting  that  could  have  been  transacted  at  the  original  meeting. 
(Simpson,  March  25,  1909.) 

At  a  special  meeting  of  the  school  district  for  the  selection  of  a  school  site, 
no  site  can  be  selected  which  has  not  been  described  in  the  notice  of  meeting. 
(Hilton,  April  25,  1918.) 

57.  Rights  of  women  as  electors  and  officers — Women  may  vote  for 
school  officers  and  members  of  library  boards,  and  shall  be  eligible  to  hold 
any  office  pertaining  to  the  management  of  schuois  or  libianies.  ^.ny 
woman  of  the  age  of  twenty-one  years  and  upward  and  possessing  the 
qualifications  requisite  to  a  male  voter,  may  vote  at  any  election  held  for 
the  purpose  of  choosing  any  officers  of  schools  or  any  members  of  library 
boards,  or  upon  any  measure  relating  to  schools  or  libraries,  and  shall  be 
eligible  to  hold  any  office  pertaining  to  the  management  of  schools  and 
libraries.     (Article  7,  section  8,  State  Constitution.) 

A  woman  who  is  entitled  to  vote,  and  is  a  freeholder,  can  sign  petitions  and 
remonstrances  respecting  the  formation  and  alteration  of  school  districts.  (Clapp. 
August    28,    18S8.) 

A  foriegn-born  woman  becomes  under  the  laws  of  the  United  States,  a  citizen 
when  she  marries  a  citizen,  and  if  married,  then  when  her  husband  becomes  a 
citizen,  and  if  married  to  a  citizen,  she  may,  if  she  possesses  the  other  neces- 
sary qualifications,  vote  without  taking  out  any  naturalization  papers,  but  to 
entitle  her  to  the  rights  of  ciizenship,  her  husband,  if  foreign  born,  must  have 
taken  out  his  full  citizenship  papers,  that  is,  his  second  papers,  so  called.  (Clapp. 
April  13,  1887.) 

Women  may  vote  upon  the  question  of  fixing  the  site  for  a  schoolhouse. 
(Childs,     February  21,  1895.) 

Women  may  vote  upon  the  question  of  the  issuance  of  bonds  for  the  purpose 
of  erecting  school  buildings.     (Childs,  February  21,  1895.) 

Women  twenty-one  years  of  age  and  otherwise  eligible  are  entitled  to  vote  at 
school  meetings  on  question  of  issuance  of  district  bonds.  (Douglas,  April  3. 
1899.) 

There  is  no  property  qualification  required  to  entitle  a  person  otherwise 
qualified  to  vote  at  an  annual  school  meeting  upon  the  question  of  raising  money 
for  improvements  in  the  district.  The  same  general  qualifications  maintain  as 
for  general    elections.      (Simpson,    August   3,    1909.) 

A  commission  form  of  city  government  including  provisions  for  the  estab- 
lishment and  maintenance  of  schools  and  voted  upon  and  adopted  by  the  voters, 
exclusive  of  women,  is  not  in  contravention  of  the  constitutional  provision  relat- 
ing to  the  establishment  and  maintenance  for  a  system  of  public  schools.  (128 
Minn.    82.) 

58.  Records  to  be  evidence — The  records  of  all  school  districts  and 
boards,  and  all  transcripts  thereof,  or  of  any  part  thereof,  certified  by  the 
clerk  or  other  officer  having  custody  thereof,  shall  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  all  records,  books  and  papers  of  such 
district  or  board  shall  be  subject  to  the  inspection  of  any  voter  of  the 
district.     (2714) 

59.  Candidates  for  school  district  officers  to  file  with  clerk  before  an- 
nual school  meetings — Any  person  desiring  to  be  a  candidate  for  a  school 
district  office  at  the  annual  meeting  of  such  district  shall  file  with  the 
clerk  of  such  district  an  application  to  be  placed  on  the  ballot  for  such  office 
or  any  five  (5)  voters  of  such  district  may  file  such  application  for  and  on 
behalf  of  any  qualified  voter  in  the  district  that  they  desire  shall  be  such 
candidate.  Such  applications  shall  be  filed  not  more  than  thirty  (30)  nor 
less  than  twelve  (12)  days  before  the  annual  school  district  meeting.    The 

19 


clerk  of  the  district  in  his  notice  of  the  annual  meeting  shall  state  the 
names  of  the  candidates  for  whom  applications  have  been  filed,  failure  to  so 
do,  however,  shall  not  affect  the  validity  of  the  election  thereafter  held. 
The  clerk  shall  prepare  at  the  expense  of  the  district,  necessary  ballots  for 
the  election  of  officers,  placing  thereon  the  names  of  the  proposed  candi- 
dates for  such  office,  and  with  a  blank  space  after  such  names  and  such 
ballots  shall  be  substantially  prepared  as  are  ballots  for  general  election 
but  without  the  necessity  of  having  the  ballots  marked  or  signed  as  official 
ballots.  Provided,  however,  that  nothing  in  this  act  shall  apply  to,  or  affect 
school  districts  emploving  but  one  teacher.  (Chapter  381,  Session  Laws 
1917.) 

A  voter  may  cast  his  ballot  for  a  person  whose  name  does  not  appear  on  trie 
ballot  in  a  school  district  election.      (Hilton,  July  9,   1918.) 

There  is  no  objection  to  using  the  Australian  ballot  systen  in  the  election 
of  school   district   officers    provided   a   blank   space   is   left   on   the   ballot.      (Smith. 

A  school  district  election  is  not  illegal,  however,  because  a  blank  space  is  not 
left  on  the  ballot.     (Smith,  Sept.  20,  1917.) 

No  ballots  should  be  counted  in  a  school  district  election  except  those  prepared 
by  the  clerk.     (Smith,  July  20,  1917.) 

If  the  clerk  prepares  no  ballot  the  voters  may  write  ballots  of  their  own 
which  should  be  counted.      (Smith,   Sept.    18,   1917.) 

60.  Election  of  officers  in  certain  districts — In  any  common  school 
district  containing  over  three  hundred  voters,  in  counties  having  a  popu- 
lation of  more  than  fifty  thousand  and  less  than  one  hundred  thousand, 
the  school  board  shall  divide  the  district  for  the  purpose  of  electing 
officers,  voting  on  the  issue  of  bonds,  or  other  matter  specifically  submitted 
for  vote  by  ballot,  into  precincts  for  each  three  hundred  voters,  or  major 
fraction  thereof.  The  voters  present  at  the  opening  of  the  polls  shall 
choose  a  moderator  and  two  clerks,  who  shall  forthwith  certify  the  result 
of  the  vote  to  the  clerk  of  the  district.  Such  vote  shall  be  canvassed  and 
the  result  announced  at  the  annual  meeting,  except  in  case  of  a  special 
election,  when  the  same  shall  be  canvassed  by  the  district  officers  as 
soon  as  practicable  after  the  receipt  of  the  returns.  Such  regular  elections 
shall  be  held  on  the  Saturday  preceding  the  annual  meeting,  and  at  the 
same  hour  and  upon  the  same  notice,  and  no  matter  except  the  election 
of  officers  shall  be  voted  upon  at  such  meeting,  unless  specified  in  the 
notice.     (2717) 

61.  Elections;  conduct  of  in  certain  independent  districts — In  all  in- 
dependent school  districts  in  this  state,  having  within  their  boundaries 
four  or  more  organized  villages,  the  school  board  shall  at  least,  thirty 
days  before  the  next  annual  school  meeting  to  be  held  in  such  districts  after 
the  passage  of  this  act,  by  resolution  in  writing,  divide  the  district  into 
precincts  for  the  purpose  of  electing  members  of  the  school  board,  voting 
on  the  issue  of  bonds,  and  on  all  other  matters  specifically  submitted  for 
vote  by  ballot;  and  may  thereafter  change  the  boundaries  of  such  precincts, 
consolidate  two  or  more,  or  establish  new  one,  as  the  convenience  of  the 
voters  shall  require.  Such  resolutions  shall  describe  the  precincts,  giving 
the  boundaries  thereof,  fix  a  polling  place  at  some  school  building  in  each 
precinct  most  convenient  and  accessible  to  the  majority  of  voters  therein, 
and  shall  be  filed  in  the  office  of  the  district  school  clerk,  and  a  copy 
thereof  forthwith  filed  in  the  office  of  the  county  auditor  of  the  county 
wherein  the  district  is  located.     (Section  1,  chapter  111,  Laws  1915.) 

62.  Same;  notice  of,  when  polls  to  be  open — The  regular  elections 
held  in  said  precincts  shall  be  on  the  Saturday  next  preceding  the  annual 
school  meeting  of  such  district.  The  polls  shall  be  opened  and  closed  at 
the  hours  fixed  by  the  previous  annual  meeting,  except  that  at  the  first 
election  held  after  the  passage  of  this  act  the  hours  of  opening  and  closing 
the  polls  shall  be  fixed  by  the  school  board.  Notice  of  such  elections  shall 
be  given  in  each  precinct  in  the  same  way  and  for  the  same  length  of 
time  as  provided  by  law  for  annual  school  meetings,  stating  the  time  and 

20 


place,  and  the  matters  to  be  voted  on:  and  no  proposition,  except  the 
election  of  officers,  shall  be  voted  on  by  ballot  unless  specified  in  the 
notice.     (Section  2,  chapter  111,  Laws  1915.) 

63.  Same;  organization  and  conduct  of — At  least  twenty  days  before 
the  next  annual  school  meeting  of  such  district,  said  school  board  shall, 
by  resolution  filed  with  the  clerk  of  the  board,  appoint  from  the  resident 
electors  a  moderator  or  judge  of  election  and  two  clerks  from  each  precinct. 
The  clerk  of  said  school  board  shall  immediately  notify  In  writing  each 
person  so  appointed,  of  his  appointment,  and  such  person  if  present  at  the 
hour  set  for  opening  the  polls,  shall  qualify,  open  the  polls  and  conduct 
such  elections  the  same  as  elections  are  conducted  at  annual  school  meet- 
ings. If  any  of  such  appointed  officers  are  absent  or  fail  to  act  at  the 
hour  set  for  opening  the  polls,  the  electors  present  may  choose  kny  elector 
then  present  to  fill  the  vacancy,  who  shall  qualify  and  act.  Each  voter 
shall  after  marking  his  ballot,  fold  the  same  so  as  not  to  disclose  any 
markings  thereon,  hand  the  same  to  the  moderator,  who  shall  deposit  it 
in  the  ballot  box.  The  election  officers  shall  keep  a  poll  list  in  which 
they  shall  write  the  name  of  each  elector  voting,  numbering  the  same  in 
consecutive  order.  At  the  time  fixed  the  polls  shall  be  closed,  and  the 
officers  of  election  in  each  precinct  shall  forthwith  count  the  votes  and 
certify  the  results  of  the  vote  to  the  clerk  of  the  district,  place  :he  cer- 
tificate, poll  list,  ballots  and  all  other  records  of  such,  "lection,  in  an 
envelope,  securely  seal,  and  mail  or  deliver  the  same  forthwith  to  'he  cleik 
of  the  district.     (Section  3,  chapter  J 11,  Laws  1915  ) 

64.  Same;  canvass  of  vote;  declaration  of  result;  board  to  canvass 
votes — The  school  board  shall  canvass  said  votes  and  declare  the  results 
thereof  at  the  next  annual  school  meeting.  The  result  shall  then  stand, 
and  the  board  shall  take  such  action  in  regard  to  said  election  and  all 
matters  voted  upon  thereat,  as  if  the  election  had  been  held  at  such 
annual  meeting.     (Section  4,  chapter  111,  Laws  1915.) 

65.  Same;  special;  when  held;  conduct  of — Special  elections  may  be 
called  and  held  in  such  districts  the  same  as  heretofore  provided  by  law, 
except  that  in  all  matters  to  be  voted  upon  by  ballot,  such  elections  shall 
be  held  in  such  precincts  instead  of  at  a  school  meeting.  Notice  of  such 
special  elections  shall  be  given  in  the  same  way  and  for  the  same  time 
as  is  now  provided  by  law  for  special  elections  in  independent  school 
districts.  The  election  officers  appointed  for  the  regular  election  shall 
preside  at  such  subsequent  special  elections,  and  vacancies  by  reason  of 
absence  of  failure  of  any  such  officer  to  act,  may  be  filled  in  like  manner 
as  at  regular  elections.  Such  special  elections  shall  be  conducted  and  the 
records  thereof  certified  to  the  school  board  the  same  as  for  regular 
elections.  The  school  board  shall  canvass  the  vote  and  declare  the  result 
thereof  within  three  days  after  the  receipt  of  such  returns  from  all  the 
various  precincts.     (Section  5,  chapter  111,  Laws  1915.) 

66.  Same;  application  of  general  laws  to — Except  as  herein  specifically 
provided,  the  general  laws  relating  to  the  holding  of  school  meetings,  special 
school  meetings,  and  special  elections  in  independent  school  districts,  shall 
be  applied,  construed  and  used  by  said  school  boards  and  by  said  officers  of 
elections  in  carrying  out  the  provisions  of  this  act.  (Section  5,  chapter 
111,  Laws  1915.) 


CHAPTER    III. 

SCHOOL  BOARDS   AND   OFFICERS. 

67.     School   board — The  care,  management  and  control  of  common  and 
independent  districts  shall  be  vested  in  a  board  of  trustees,  to  be  known 

21 


as  the  school  board,  whose  term  of  office  shall  be  three  years  and  until 
their  successors  qualify.     (2731) 

Cities  and  villages  and  the  school  districts  within  thorn,  are  distinct  and  inde- 
pendent corporations.  A  member  of  the  school  board  must  be  a  resident  of  the 
district  he  represents.  Chap.  2S5.  Laws  1901,  applies  to  cities  whose  boundaries 
are  co-extensive  with  the  school  district;  and  until  the  territory  of  both  city  and 
district  are  co-extensive,  members  of  the  school  board  cannot  be  elected  as  pre- 
scribed  in   that  chapter.      (Young,   July,   1907.) 

No  person  can  vote  on  a  school  board  as  a  proxy  for  a  member  thereof. 
(Smith,  April  13,  1916.) 

68.  Same;  in  common  districts — The  school  board  of  each  common 
school  district  shall  consist  of  a  chairman,  a  treasurer  and  a  clerk.  At 
the  first  meeting  of  each  school  district  embracing  or  containing  less  than 
ten  townships,  the  chairman  shall  be  elected  to  hold  office  until  August 
1  following  the  next  annual  meeting;  the  treasurer  until  one  year  from 
such  date,  and  the  clerk  until  two  years  from  such  date.  At.  the  first 
meeting  in  each  common  school  district,  embracing  or  containing  ten  or 
more  townships,  the  chairman  shall  be  elected  to  hold  office  until  August 
1  following  the  next  biennial  general  state  election,  and  che  treasurer 
until  one  year  from  such  date,  and  the  clerk  until  two  years  from  such 
date.  Said  trustees  so  elected  in  districts  embracing  or  containing  ten 
or  more  townships  shall  be  paid  such  salary  or  compensation  as  the  electors 
or  legal  voters  of  such  district  at  the  annual  meeting  thereof  shall  fix  or 
determine,  and  the  electors  or  legal  voters  of  sach  clisriicl  at  the  annual 
meeting  thereof  shall  have  power  and  are  hereby  authur'/ed  by  a  majority 
vote  to  fix  and  determine  and  authorize  the  payment  of  salaries  or  com- 
pensation to  said  trustees.  The  vote  upon  the  payment  of  such  salaries 
or  compensation  shall  be  by  ballot.     (2732) 

The  election  must  be  made  by  ballot.  "An  election,  therefore,  of  school  district 
officers  by  viva  voce  vote  would  be  irregular  and  invalid.  A  person  elected  in 
this  way  to  office  would  have  no  title  that  he  could  assert  against  a  regular  in- 
cumbent of  the  office  holding  after  the  expiration  of  this  term.  And  yet  a  per- 
son elected  by  a  viva  voce  vote,  having  qualified  and  assumed  the  duties  of  the 
office  to  which  he  was  elected,  would  be  an  officer  de  facto  and  his  acts  as  to 
third  persons  would  be  valid."     (Wilson,  p.  352.) 

It  is  no  part  of  the  duties  of  the  county  attorney  to  advise  school  district 
officers.  For  the  services  named  he  would  be  entitled  to  the  same  fees  as  if  per- 
formed at  the  request  of  a  private  individual.     (Hahn,  p.  468.) 

Under  our  constitution  and  laws,  aliens  are  not  eligible  to  any  office  elective 
by  the  people.  If,  however,  an  alien  were  elected  to  the  office  of  district  clerk 
of  a  school  district,  or  appointed  to  such  office  by  the  proper  appointing  power, 
and  should  assume  such  office  by  virtue  of  such  election  or  appointment,  and 
exercise  the  duties  thereof,  he  would  be  an  officer  de  facto,  and  his  acts,  though 
not  those  of  a  lawful  officer,  the  law,  upon  principles  of  policy  and  justice,  would 
hold  to  bo  valid,-  so  far  as  they  involved  the  interests  of  the  public  and  third  par- 
ties.    (Wilson,  p.   316.) 

Many  matters  arise  relating  to  the  election  of  school  district  officers.  While 
It  is  important  that  all  the  requirements  of  the  law  be  complied  with,  it  should 
be  borne  in  mind  that  the  official  act  of  an  officer  does  not  necessarily  depend 
for  its  validity  upon  the  regularity  of  his  election.  Where  a  person  is  exercising 
the  duties  of  an  office  under  color  of  authority,  claiming  title  to  the  same,  he  is 
what  in  law  is  termed  an  officer  de  facto,  and  his  acts  are  valid  until  he  is  ousted 
from  the  office  by  legal  proceedings,  or  abandons  the  office.  The  right  of  a  de 
facto  officer  to  hold  the  office  cannot  be  questioned  collaterally,  but  can  only  be 
questioned  in  an  action  brought  directly  against  him  to  oust  him  from  the  office; 
thus,  it  may  frequently  happen  that  a  person  is  occupying  an  office  and  his  acts 
as  such  officer  will  be  valid,  yet  his  title  to  the  office  be  so  defective  that  in  a 
direct  proceeding  brought  against  him  to  oust  him,  his  title  to  the  office  could 
be  defeated.     (Clapp,   March  25,   1891.) 

An  election  of  school  officers  is  not  necessarily  invalidated  on  account  of  the 
polls  being  kept  open  less  than  the  time  named  in  the  statute,  unless  it  is  made 
plainly  to  appear  that  such  numbers  of  voters  were  thus  deprived  of  the  right 
to  vote  as  would  have  changed  the  result.     (Childs,  August  13,  1895.) 

The  mere  fact  that  the  school  meeting  was  not  called  to  order  until  a  half 
or  three-quarters  of  an  hour  after  the  time  named  in  the  law  would  not  in  itself 
render  the  meeting  invalid.     (Childs,  August  8,  1892.) 

An  annual  meeting  held  either  at  an  earlier  or  later  date  than  that  prescribed 
in  the  statutes  is  invalid  for  any  purpose.      (Childs,   July  29,   1896.) 

Tn  case  of  a  tie  vote  for  trustee  at  an  annual   school   meeting  a  second  ballot 

22 


cannot  be  taken,  but  a  vacancy  exists  which   the  board  of  trustees  is  authorized 
to  fill  by  appointment.     (Douglas,  July  31,  1900.) 

A  member  of  the  school  board  cannot  legally  receive  a  salary  for  teaching  the 
school  of  his  district.      (Smith,   April  9,  1915.) 

69.  Same;  in  independent  districts — The  school  board  of  each  inde- 
pendent school  district  shall  consist  of  six  directors.  At  the  first  meeting 
of  the  district,  six  directors  shall  be  elected,  two  to  hold  until  August  1 
following  the  next  annual  meeting,  and  two  to  hold  until  the  expiration  of 
one  year,  and  two  until  the  expiration  of  two  years,  from  said  August  1; 
the  time  which  each  director  shall  hold  being  designated  on  the  ballot. 
(2733) 

Non-voting  of  certain  members  of  the  school  board  in  an  independent  dis- 
trict permits  the  election  of  a  superintendent  by  a  majority  vote  of  a  quorum, 
the  rule  being  that  if  there  is  a  quorum  present,  and  a  majority  of  the  quorum 
vote  in  favor  of  a  measure,  it  will  prevail,  although  an  equal  number  should 
refrain  from  voting.  It  is  not  the  majority  of  the  whole  number  of  members 
present  that  is  required;  all  that  is  requisite  is  a  majority  of  the  number  of 
members   required  to   constitute  a  quorum.      (Simpson,   March   16,    1909.) 

The  president  of  the  board  of  education  is  a  member  of  the  board,  and  the 
fact  that  he  is  chosen  to  act  in  the  official  capacity  of  president  does  not  deprive 
him  of  the  right  to  vote.  Four  members  of  a  board  will  constitute  a  quorum, 
whether  the  president  of  the  board  be  one  of  that  number  or  not.  (Simpson, 
August  11,  1909.) 

70.  Organization  of  school  boards  in  independent  districts — Within  ten 
days  after  the  election  of  the  first  school  board  in  independent  districts, 
and  annually  thereafter  on  the  first  Saturday  in  August,  or  as  soon  there- 
after as  practicable,  the  board  shall  meet  and  organize  by  choosing  a 
chairman,  a  clerk,  and  treasurer,  who  shall  hold  their  offices  for  one  year, 
and  until  their  successors  are  elected  and  qualified.  They  may  also  elect 
a  superintendent,  who  shall  hold  office  during  the  pleasure  of  the  board. 
He  shall  be  ex-officio  a  member  of  the  board,  but  not  entitled  to  vote 
therein.     (2734) 

Where,  at  a  meeting  of  a  school  board  in  an  independent  district,  for  the 
purpose  of  electing  a  superintendent,  the  vote  results  in  three  votes  being  cast 
in  favor  of  a  candidate,  one  vote  against  him,  and  two  members  of  the  board 
not   voting,   the   candidate   receiving   the  three   votes   is  elected.      (Simpson,    March 

16,  1909.) 

There  being  no  provision  of  law  requiring  that  a  written  ballot  shall  be  taken 
by  a  board  of  education,  on  the  question  of  electing  a  superintendent,  an  "Aye" 
and  "Nay"  vote  would  be  sufficient.     (Simpson,  March  17,  1909.) 

The  proceedings  at  a  meeting  of  the  board  of  an  independent  district,  at  which 
the  superintendent  is  not  present  by  reason  of  failure  to  give  him  notice,  are 
valid.     (Douglas,  p.  129.) 

A  person  selected  to  act  as  chairman  or  "acting  president"  of  the  board  of  an 
independent  district,  in  the  absence  of  the  president,  cannot  countersign  orders 
or  warrants.     (Young,  p.  191.)  1— 

The  officers  of  boards  in  independent  districts  must  be  chosen  from  the  mem- 
bers of  the  board. 

71.  Publication  of  proceedings  of  boards  of  independent  school  dis- 
tricts— The  school  board  of  each  independent  school  district  in  this  state 
shall  cause  to  be  published  once,  in  some  newspaper  published  in  such 
school  district,  or  if  there  be  no  newspaper  so  published  therein,  then  in 
some  newspaper  published  in  the  county  in  which  such  school  district  is 
located,  the  official  proceedings  of  such  board,  and  such  publication  shall 
be  made  as  soon  as  may  be,  and  not  later  than  thirty  days  after  the 
meeting  at  which  such  proceedings  were  had.  Such  publication  shall  be 
let  annually  by  contract  to  the  lowest  bidder,  at  the  first  regular  meeting 
of  said  board  after  the  annual  election  in  such  district,  provided  that  not 
more  than  fifty  cents  per  folio  shall  be  paid  for  such  publication.  (Sec.  1, 
c.  360,  Laws  1915,  as  amended  by  c.  496,  Laws  1919.) 

Publication  of  proceedings  of  the  school  board  in  independent  districts  should 
be    made    after    each    board    meeting    whether    regular    or    special.      (Smith,    Nov. 

17,  1916.) 

23 


72.  Vacancies — A  vacancy  in  any  school  board  or  board  of  education 
elected  by  the  people  shall  be  filled  by  the  board  at  any  legal  meeting 
thereof  until  such  vacancy  can  be  filled  by  election  at  the  next  annual 
meeting  in  school  districts  containing  less  than  ten  townships  and  at  the 
next  general  biennial  state  election  in  school  districts  embracing  or  con- 
taining ten  or  more  townships.  Such  appointment  shall  be  evidenced  by  a 
resolution  entered  in  the  minutes.  All  appointments  and  elections  to  fill 
vacancies  shall  be  for  the  unexpired  term.     (2742) 

When  a  tie  vote  results  in  a  ballot  taken  to  fill  an  office  in  a  school  district 
neither  of  the  contestants  is  elected.      (Hilton,   July   23,    1918.) 

73.  Same;  special  election — If  the  board  shall  fail  for  ten  days  to 
fill  any  vacancy,  a  special  meeting  may  be  called  for  that  purpose  by 
ten  days'  posted  notice  signd  by  three  qualified  voters,  freeholders  or 
householders  of  the  district,  setting  forth  the  object  of  the  meeting.  Officers 
elected  at  such  meeting  shall  hold  for  the  unexpired  term,  but  no  such 
meeting  shall  be  held  within  thirty  days  before  the  annual  election  or 
annual  meeting  in  districts  containing  less  than  ten  townships  nor  within 
thirty  days  before  the  general  biennial  state  election  in  districts  embracing 
or  containing  ten  or  more  townships.     (2743) 

It  is  not  mandatory  that  the  board  fill  a  vacancy  within  ten  days;  and  they 
may  fill  it  at  a  later  time,  but  should  not  do  so  after  ten  days  and  after  a  meeting 
for  the  purpose  of  filling'  such  vacancy  has  been  called  by  three  qualified  voters. 
(Young,  May,   1907.) 

When  a  member  of  the  board  has  removed  from  the  district,  his  office  is 
vacant;  and  the  vacancy  thus  occasioned  may  be  filled  by  the  remaining  members 
of  the  board,  and  the  person  appointed  will  hold  office  until  the  next  annual  meet- 
ing,  construing  section  1316,   R.   L.      (Young,  December,   1906.) 

In  case  of  a  tie  vote  at  an  annual  school  election  for  officers,  a  second  ballot 
cannot  be  taken,  but  a  vacancy  exists  in  the  office,  which  vacancy  can  be  filled 
by  appointment  by  the  school  board;  but  if  the  board  shall  fail  foir  ten  days  to 
fill  such  vacancy,  a  special  meeting  will  be  called  for  that  purpose,  by  ten  days' 
posted  notice,  signed  by  three  qualified  voters,  or  freeholders  of  the  district,  and 
setting  forth  the  object  of  the  meeting.      (Young,   59.) 

The  word  "householder"  as  used  in  the  foregoing  section  is  one  who  is  master 
or  chief  of  a  family  occupying  a  dwellng  house;  one  who  occupies  a  house  as  a 
place  of  residence,  without  any  relation  to  the  title  by  which  such  property  is  held 
The  term  refers  to  the  civil  status  of  the  person  and  not  to  his  property  therein 
or  otherwise.  Consequently  one  may  be  a  "householder"  without  owning  real 
estate  or  interest  therein;  and  one  may  be  a  "freeholder"  and  not  a  "householder," 
or  a  "householder"  and  not  a  "freeholder."  Under  the  foregoing  section  it  is  not 
necessary  for  a  signer  of  the  petition  to  be  a  "freeholder";  but  if  he  is  a  voter 
in  the  district  and  a  "householder,"  it  is  sufficient.  If  he  is  either  and  a  voter 
in  the  district  he  is  qualified.     (Smith,  November  24,  1913.) 

When  after  the  annual  meeting  two  vacancies  exist  in  the  board  of  a  common 
district,  a  special  meeting  should  be  called  to  fill  such  vacancies.  They  cannot 
be  filled  by  appointment  by  the  third  and  remaining  member  of  the  board. 
(Hilton,  July,  1920.) 

74.  Acceptance  of  office — Oaths,  where  filed — All  persons  elected  or 
appointed  district  officers  shall,  within  ten  days  after  notice  of  such 
election  or  appointment,  file  with  the  clerk  or  secretary  of  the  district 
his  acceptance  of  the  office  and  his  official  oath,  or  be  deemed  to  have 
refused  to  serve,  but  such  filing  may  be  made  at  any  time  before  action 
to  fill  the  vacancy  has  been  taken.     (2744) 

75.  Quorum  in  school  boards — A  majority  of  the  school  board  shall 
constitute  a  quorum,  but  no  contract  shall  be  made  or  authorized  except 
at  a  meeting  of  the  board  of  which  all  members  have  had  legal  notice. 
(2745) 

Contracts,  to  be  binding  on  the  district,  must  be  made  or  ratified  by  at  least 
a  majority  of  the  board  after  notice  and  an  opportunity  to  all  the  trustees  to 
take  part  in  the  matter.     (35  M.  163.) 

To  bind  the  district,  contract  for  supplies  by  two  trustees  must  be  author- 
ized or  ratified  at  a  meeting  of  the  trustees;  but  if  such  supplies  are  received  and 
used  by  the  district  for  such  a  length  of  time  as  to  raise  the  presumption  that 
it  was  with  the  common  consent  of  the  district,  it  would  be  bound  to  pay  for  them. 
(37  M.   96.) 

24 


When  two  of  the  trustees  employ  one  to  perform  work  for  the  district,  and 
such  action  is  ratified  by  the  full  board,  such  employe  may  recover  of  the  dis- 
trict, notwithstanding  the  work  was  for  a  new  schoolhouse  when  no  site  had 
been  lawfully  selected  by  the  voters,  and  the  trustees  were  not  authorized  to  build 
the  school  house.  This  is  based  upon  the  law  that  trustees  who  act  within  the 
scope  of  their  authority,  bind  the  district;  and  the  burden  of  proving  excess  of 
power  is  upon  the  district.     (93  M.  409.) 

Director  or  trustee  may  not  be  a  party  to  a  contract  with  the  district.  Cur- 
rie  vs.  School  District,  35  Minn.  163,  27  N.  W.  Rep,  922.  In  order  to  bind  the  dis- 
trict, contracts  must  be  made  or  ratified  by  at  least  a  majority  of  the  board, 
after  notice  and  opportunity  to  all  of  the  trustees  to  participate  in  the  transaction. 
(Id.) 

When  one  member  of  board  refuses  to  assent  to  contract  by  majority,  he  may 
be  compelled  to  by  law.     (Cornell,  p.  260.) 

When  a  part  of  the  members  present  refuse  to  vote  at  all,  a  vote  may  be  le- 
gally decided  by  a  majority  of  those  actually  voting,  though  they  do  not  constitute 
a  majority  of  the  whole  number  present.  This  rule  rests  upon  the  principle  that 
members  present  and  not  voting  will  be  deemed  to  assent  to  the  action  of  those 
who  did  vote.     (Simpson,  March  17,  1909. 

In  case  of  a  tie  vote  in  a  school  board,  the  proposition  voted  upon  fails  to 
carry-      (Smith,  April  19,   1916.) 

Notice  to  be  given  members  of  a  school  board  of  a  meeting  of  the  board  must 
be  sufficient  to  give  the  member  a  reasonable  opportunity  to  attend  the  meeting 
and  must  be  a  personal  notice.      (137  M.   138.) 

76.  Powers  and  duties  of  school  board — The  school  board  shall  have 
the  general  charge  of  the  business  of  the  district,  and  of  the  school  houses 
and  the  interests  of  the  schools  thereof,  and  shall: 

1.  When  authorized  by  the  voters  at  a  regular  meeting  or  a  special 
meeting  called  for  that  purpose,  may  require  necessary  sites  for  school- 
houses,  or  enlargements  or  additions  to  existing  schoolhouse  sites,  by  lease, 
purchase  or  condemnation  under  the  right  of  eminent  domain;  erect,  lease 
or  purchase  necessary  schoolhouses  or  additions  thereto;  and  sell  or  ex- 
change such  schoolhouses  or  sites  and  execute  deeds  of  conveyance  thereof. 
In  any  village  or  city  such  site,  when  practicable,  shall  contain  at  least 
one  block,  and,  if  outside  of  any  city  or  village,  two  acres;  and  when  any 
schoolhouse  site  shall  contain  less  than  such  amount,  the  board  shall,  if 
practicable,  acquire  other  land  adjacent  to  or  near  such  site  to  make,  with 
such  site,  such  amount. 

The  schoolhouse  of  a  district  is  not  subject  to  a  mechanic's  lien.     (39  M.  298.) 

A  school  district  is  not  liable  for  money  borrowed  by  its  trustees  to  complete 

a    schoolhouse,    without    authority,    even    thugh    it    receives    the    benefit;    and    no 

ratification    can    be    inferred   from   its    enjoyment    of    the    improvement    for    it    has 

had  no  opportunity  to  reject.      (54  M.  385.) 

"When  a  school  district  votes  to  build  a  schoolhouse,  designates  site  and 
provides  funds  for  the  purpose,  the  trustees  of  the  district  are  charged  with  the 
duty  of  executing  the  will  of  the  district  in  the  premises."     (Start,  p.  425.) 

"Have  school  district  trustees  power  to  hire  money  to  build  a  school  house?'' 
I  think  not.  Corporations,  and  especially  quasi  corporations,  have  only  those 
powers  specifically  granted  to  them  by  statute,  and  such  others  as  are  necessary 
for  carrying  into  execution  those  specially  conferred.  By  section  52,  school  laws, 
the  trustees  are  authorized  "to  build,  hire  or  purchase  a  school  house,  out  ol 
funds  provided   for   that  purpose." 

A  school  board  has  no  authority  to  seil  a  school  building  unless  authorized 
by  the  voters  at  a  regular  or  special  meeting  called  for  the  purpose;  construing 
section  1320,  R.  L.     (Young,  December,   1906.) 

There  is  no  provision  of  law  relating  to  roads  to  school  sites  or  buildings. 
Such  roads  must  be  laid  out  as  other  roads  under  section  1171  and  1181,  R.  L. 
(Young,  July,  1906.) 

School  boards  cannot  employ  and  pay  an  architect  for  work  done  before  a 
school  district  has  voted  to  erect  a  schoolhouse,  plans  for  which  such  architect 
may  have  made  the  architect's  plans  being  considered  a  part  of  the  work  of  build- 
ing the  schoolhouse.     (Simpson,  June  25,  1909.) 

A  school  board  cannot  purchase  land  from  one  of  its  members  though  such 
member  did  not  participate  in  the  action  of  the  board  and  though  the  price  of  the 
land  is  less  than  its  value.     (Smith,  May  12,   1915.) 

Where  the  electors  of  a  school  district  borrow  money  from  the  state,  to  be 
used  for  building  a  schoolhouse,  the  school  board  has  no  authority  to  return 
the  money  to  the  state  and  have  the  bond  of  the  district  issued  to  the  state,  can- 
celled. This  could  only  be  done  by  the  school  district,  at  a  properly  called  special 
meeting  for  that  purpose.      (Simpson.    M;ireh   2,    1909.) 

25 


A  school  board  may  acquire  land  by  condemnation  proceedings  and  employ  an 
attorney   to  conduct  such  proceedings.      (Smith,  June  18,   1915.) 

2.  Purchase,  sell,  and  exchange  school  apparatus,  furniture,  stoves, 
and  other  appendages  for  schoolhouses. 

A  promissory  note,  signed  individually  by  the  trustees  makes  the  trustees 
prima  facie  personally  liable;  and  the  burden  is  upon  them  to  show  it  is  a  valid 
note  of  the  district.     (13  M.   106)     (Gil.  96.) 

The  law  provides  that  "the  board  of  trustees  shall  have  the  general  charge 
of  the  interests  of  the  schools."  It  there  are  funds  on  hand  not  designated  by 
vote  of  the  district  to  any  specific  purpose,  and  not  needed  to  meet  matured  oi 
maturing  claims  of  teachers,  such  funds  may  be  used  by  trustees  to  purchase 
any  articles  necessary,  in  their  judgement,  to  the  "interests  of  the  school."  .(Wil- 
son, p.  367.) 

Members  of  the  board  and  teachers  cannot,  directly  or  indirectly,  be  financial- 
ly interested  in  sales,  leases  or  contracts  relating  to  district  property;  and  if  they 
do  become  so  interested,  they  are  guilty  of  misdmeanor  and  may  be  prosecuted 
or  restrained.     (Donahower,  p.   133.) 

A  school  board  has  power  to  install  an  electric  plant  in  the  schoolhouse  when 
electric  lights  are  a  necessity  in  the  building.     (Smith,  April   4,   1917.) 

3.  Provide  proper  outhouses  for  the  schools,  plant  shade  trees  and 
shrubbery,  and  otherwise  improve  school  sites,  procure  insurance  on  school 
property,  and  make  proper  ordinary  repairs  thereon. 

Although  taxes  cannot  be  imposed  or  local  assessments  made  against  school 
property  a  school  board  can  arrange  for  the  payments  of  its  proper  share  of  local 
improvements   which   will  benefit  the  school   property.      (Smith,    Nov.    17,   1916.) 

Where  there  were  sufficient  funds  on  hand  therefor,  the  board  of  trustees  on 
their  own  motion  caused  a  well  to  be  dug  and  a  pump  placed  over  it  for  the  use 
of  the  school.  Held,  that  the  board  had  no  authority  to  make  expenditures  of  pub- 
lic money  for  such  a  purpose  until  authorized  by  the  voters  of  the  district  at  a 
properly  called  meeting.     (Childs,  Aug.  24,  1893.) 

4.  When  necessary,  lease  rooms  for  school  purposes. 

A  school  board  has  power  to  rent  rooms  for  a  school  if  the  school  building 
is  inadequate;  it  also  has  power  to  repair  the  school  house,  but  has  no  right 
to  so  enlarge  and  repair  it  as  to  constitute  a  rebuilding  or  to  make  a  new  and 
larger  one  out  of  it.  The  building  of  a  new  school  house  must  be  voted  on  at  a 
school  meeting.     (Donahower,  p.   129.) 

Though  on  account  of  the  low  assessed  valuation  of  the  property  in  the  town- 
ship, there  is  not  sufficient  money  to  keep  the  schools  in  session  for  the  length 
of  time  voted  at  the  annual  meeting,  and  though  one  school  is  greatly  over- 
crowded, the  school  board  cannot  rent  another  room  and  hire  another  teacher, 
incur  the  necessary  expense,  and  issue  orders  in  payment  of  same  ,when  such 
orders  cannot  be  paid  during  the  current  school  year,  without  a  vote  of  the 
people.     (Young,  Oct.  27,  1908.) 

5.  Employ  and  contract  with  necessary,  qualified  teachers,  and  dis- 
charge the  same  for  cause. 

Where,  at  a  meeting,  it  is  voted  to  have  school  kept  for  a  specified  time,  and 
sufficient  funds  are  provided,  the  trustees  are  liable  to  a  penalty  for  neglecting, 
without  excuse,  to  provide  the  school  for  such  time;  and  the  action  to  enforce 
the  penalty  may  be  brought  by  a  director  or  a  freeholder  in  his  own  name.  (31 
H..  227.) 

The  trustees  have  power,  prior  to  the  annual  meeting,  to  employ  a  teacher 
for  the  ensuing  year,  and  to  bind  the  district  for  at  least  six  months  and  for 
such  further  time  as  shall  be  fixed  by  the  voters  at  such  annual  meeting.  (93  M. 
411.) 

If  the  trusteees  have  contracted  for  a  school  for  more  than  five  (5)  (now  six) 
months  withuot  special  authority  from  the  district,  the  legal  voters  at  any  special 
or  general  meeting  may  ratify  such  action,  and  levy  a  tax  for  the  payment  of 
teachers  so  employed.  If  they  refuse  to  do  this,  the  teacher  would  very  likely 
be  without  remedy. 

Trustees  of  school  districts  are  public  agents,  and  -when  they  in  good  faith 
contract  with  parties  having  full  knowledge  of  the  extent  of  their  authority,  or 
who  have  an  equal  means  of  knowledge  with  themselves,  they  do  not  become 
individually  liable  unless  the  intent  to  incur  a  personal  '  liability  is  clearly  ex- 
pressed, although  it  should  be  found  that  through  ignorance  of  the  law  they  may 
•have  exceeded  their  authority.  Any  knowledge  of  a  defect  in  their  authority, 
accessible  to  them  but  not  to  the  teacher,  would  probably  fix  a  liability  on  them. 
(Cole.  p.  102.) 

The  law  requires  school  to  be  taught  in  the  district  at  least  six  months,  and 

26 


the  trustees  cannot  safely  ignore  that  provision,  notwithstanding  the  action  of 
the  district.  The  district  having  neglected  to  vote  the  requisite  tax.  it  is  the 
imperative  duty  of  the  trustees  to  levy  the  same.     (Clapp,  Sept.  24,  1888.) 

Trustees  may  employ  more  than  one  teacher  if  district  has  funds,  notwith- 
standing an  adverse  resolution  voted  by  the  district.     (Wilson,  p.  354.) 

It  is  the  special  business  of  the  trustees  to  employ  teachers.  The  voters  of 
the  district  may,  in  their  individual  or  collective  capacity,  advise  the  trustees 
as  to  their  wishes,  but  cannot  control  their  action.     (Wilson,  p.  354.) 

"Is  the  employment  of  a  teacher  by  the  treasurer  and  clerk  of  a  school  dis- 
trict, without  any  notice  to  the  director,  and  without  any  meeting  held. 
legal  "     I  answer  that  it  is  not.     (Hahn,  p.  536.) 

A  contract  made  with  a  teacher  who  does  not  hold  a  certificate  which  is 
valid  in  the  district  where  he  is  to  be  employed,  is  void,  and  a  certificate  cannot 
be  dated  back  to  cover  services  rendered  before  it  was  granted.  (Jennss  vs.  School 
District  31.  Washington  County,  12  Minn.  448.) 

When  a  teacher  is  emnloyed  to  teach  for  a  specified  time  and  the  school  is  in- 
terrupted necessarily,  hut  by  no  fault  of  the  teaclur,  who  is  always  readv  to  fulfill 
the  contract,  the  teacher,  aftrr  the  expiration  of  the  time,  may  maintain  an 
action  against  the  district  for  the  entire  amount  of  wages.  If,  however,  the  dis- 
trict can  show  that  during  the  whole  or  portion  of  the  time  the  teacher  was 
engaged  in  similar  employment,  or  was  offered  such  employment  and  refused  it, 
the  damage  may  be  reduced.      (Cole,  p.   87.) 

If  In  the  opinion  of  the  trustees  the  services  of  more  than  one  teacher  are 
demanded  by  reason  of  the  numbers  in  attendance  at  a  district  school,  an  addi- 
tional teacher  may  be  employed,  the  board  keeping  within  the  means  provided  by 
the  district.     (Wilson,  p.  354.) 

A  contract  made  with  a  teacher  before  he  has  secured  a  certificate  is  void, 
and  a  subsequent  issuance  of  a  certificate  will  not  make  the  same  valid.  This  ap- 
plies  alike   in   common,    independent  and   special   districts. 

"Have  school  boards  authority  to  engage  teachers  for  the  following  year 
before  the  annual  meeting?"  It  matters  not  whether  it  is  before  the  annual 
meeting  and  the  election  of  the  new  member  or  not.  The  trustees  may,  either 
before  or  after  the  annual  meeting  and  without  express  authority  from  the  dis- 
trict, contract  for  the  term  required  by  law,  and  no  more.  (Hahn,  p.  538;  Start, 
p.  436;  Cornell,  p.  159.) 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  making  a  contract  which 
extends  beyond  the  life  of  the  certificate,  such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the  con- 
tract expires  by  its  own  terms.     (Clapp,  Oct.  12,  1891. 

The  law  establishes  the  school  age  between  five  and  twenty-one  years,  sub- 
ject to  the  authority  granted  the  board  of  trustees  to  fix  the  minimun  age  at 
six  years.     (Douglas,  Aug.   17.   1900.) 

School  boards  have  no  authority  to  employ  teachers  who  do  not  hold  certifi- 
cates, and  the  district  continue  to  draw  state  apportionment  money.  (Young,  June, 
1907.) 

The  school  board,  after  the  district  has  voted  an  eight  months'  school,  may 
contract  with  a  teacher  for  eight  months  at  any  time  prior  to  a  change  in  the 
length  of  the  term  by  vote  of  the  district.     (Young,  p.   193.) 

The  clerk  of  the  school  district  cannot  also  be  a  teacher  in  the  same  district. 
(Simpson,  July  21,  1909.) 

Several  school  districts  may  not  join  in  hiring  a  supervisor  but  each  may 
employ  such  supervisor  for  part  time.     (Hilton,  May  2,   19rS.) 

6.  Provide  for  the  heating  and  care  of  schoolhouses  and  rooms. 

7.  Provide  for  the  payment  of  all  just  claims  against  the  district  in 
cases  provided  by  law. 

For  claims  under  Workmen's  Compensation  act.     See   chapter   26,   Daws   1921. 

School  boards  are  not  corporate  bodies,  but  rather  resemble  directors  of  a 
corporation.  The  school  district  is  the  corporation.  Contracts  of  insurance  of 
school  property  should  run  to  the  district.  A  member  of  the  board  cannot  be 
interested  individually,  as  agent  or  otherwise,  in  a  contract  of  insurance  on  school 
property.     (Young,  p.  182.) 

School  boards  have  no  right  to  make  good  a  discount  which  holders  of  dis- 
trict orders  may  be  forced  to  allow  to  get  them  cashed.  Orders  should  be  issued 
to  persons  entitled  thereto  for  the  exact  amount  of  their  just  claims  against 
the  district.  Such  loss  as  the  payees  may  suffer  in  cashing  such  orders  must 
be   borne   by  them;   and   it  cannot   be  made   good   by   the  district.     (1913.) 

A  school  hoard  cannot  issue  school  ordes  in  excess  of  the  amount  of  money 
on  hand  available  to  pay  the  same;  nor  for  any  money  to  be  raised  in  the  future, 
except  such  as  is  to.be  raised  by  a  tax  levy  already  made.     (Smith,  May  23,  1916.) 

A  school  board  cannot  give  a  promissory  note  lo  take  up  existing  indebtedness. 
(Smith,   March    5,   1915.) 

27 


8.  When  directed  by  a  vote  of  the  district,  or  when  the  board  deems 
it  advisable,  adopt,  contract  for  and  purchase  text-books  needful  for  the 
schools  of  the  district,  and  provide  for  the  free  use  of  such  books  by  the 
pupils  of  such  schools,  or  their  sale  to  them  at  cost;  but  no  such  adoption 
or  contract  shall  be  for  less  than  three  or  more  than  five  years,  during 
which  time  such  books  adopted  shall  not  be  changed. 

9.  Defray  the  necessary  expenses  of  the  board,  including  three  dollars 
per  day  for  attending  one  meeting  of  the  school  boards  of  the  county  in 
each  year,  when  called  by  the  county  superintends,  and  five  cents  per 
mile  in  going  to  and  returning  from  such  meeting,  and  pay  for  such  record 
books,  stationery,  and  other  incidental  matters  as  may  be  proper. 

10.  Superintend  and  manage  the  schools  of  the  district,  adopt,  modify, 
or  repeal  rules  for  their  organization,  government,  and  instruction,  and  for 
the  keeping  of  registers,  prescribe  text-books  and  courses  of  study,  and 
visit  each  school  at  least  once  in  three  months. 

When  the  trustees  act  within  the  apparent  scope  of  their  authority  the  burden 
of    proving    an    excess    of   authority    is    upon    the    one    alleging-    it.       (93    M.    409.) 

The  general  control  of  schools  is  in  the  board;  and  if  the  superintendent  and 
teachers  establish  rules  of  discipline  and  school  work  to  the  disadvantage  of  the 
welfare  of  the  school,  the  board  has  power  to  change  them.     (Douglas,  p.  129.) 

An  attorney  may  be  hired  by  a  school  board  for  the  performance  of  any  par- 
ticular service  which  is  necessary,  by  the  adoption  of  a  resolution  to  that  effect, 
but  it  is  not  competent  for  the  board  to  hire  an  attorney  by  the  year.  (Simpson, 
Feb.  16,  1910.) 

A  school  board  has  power  to  adopt  such  reasonable  rules  and  regulations  as 
contribute  to  the  moral,  physical  and  intellectual  welfare  of  the  pupils  attend- 
ing school,  and  a  rule  to  the  effect  that  a  pupil  convicted  of  smoking  on  the  streets 
or  in  public  places  might  be  expelled,  by  the  board,  from  school,  would  be  a  rea- 
sonable rule  and  one  which  could  be  enforced  by  the  board.  (Simpson,  Dec.  8, 
1909.) 

Rules  and  regulations,  whether  made  by  the  board,  or  made  by  the  teacher 
and  afterward  ratified  by  the  board,  must  be  reasonable,  and  the  courts  have 
held  that  a  rule  is  reasonable  under  which  a  pupil  may  be  suspended  or  expelled 
if  he  wilfully  injures  or  destroys  school  property,  for  this  would  be  a  punishment 
for  breach  of  decipline.  But  it  is  also  held  that  a  rule  which  causes  a  pupil  to 
stand  suspended  or  expelled  until  he  pays  for  the  injury  caused  by  him  to  school 
property,  or  until  he  pays  a  fine  which  may  be  assessed  against  him  for  such  in- 
jury, is  unreasonable  and  void,  because  in  such  a  case  he  would  be  suspended  or 
expelled,  not  because  of  the  injury  caused  by  him,  but  because  he  did  not  pay 
the   damages  or  the  fine.     (Young,   May  27,   1908.) 

If,  in  the  opinion,  and  according  to  the  best  judgement  of  the  board,  especially 
when  such  opinion  and  judgement  are  based  upon  experience  and  actual  results, 
the  board  determines  that  the  attendance  by  the  pupils  of  the  school  at  public 
dances  interferes  with  the  regular  school  work  of  those  participating  in  the  same, 
and  is  injurious  to  the  best  interests  of  the  school  in  general,  the  board  can,  by 
adopting  a  rule,  prohibit  such  attendance.  But  the  rule  adopted  must  be  a  rea- 
sonable one  uoider  all  the  circumstances,  and  if  suspended  for  violating  such 
a  rule,  a  pupil  can  have  the  court  determine  whether  the  rule  is  a  reasonable  one 
and  such  as  can  be  enforced,  or  is  arbitrary,  and  therefore  null  and  void.  (Simp- 
son, April  21,  1909.) 

A  school  board  may  fix  the  time  for  opening  and  closing  school.  ^Hilton,  April 
22,   1919.) 

A  school  board  can  excuse  pupils  from  taking  instruction  in  a  foreign  lan- 
guage and  it  cannot  compel  all  pupils  to  take  such  instruction.  (Smith,  Oct.  30, 
1915.) 

The  officers  of  school  district,  clerk  and  treasurer  may  be  held  by  husband 
and  wife,  they  being  otherwise  qualified.     (Simpson,  July  13,   1909.) 

It  is  not  compentent  for  a  school  board  to  disregard  the  action  of  the 
annual  school  meeting,  in  determining  the  times  when  schools  shall  be  held  within 
the  district.     (Simpson,  March  19.  1909.) 

Power  of  board  extends  to  prohibiting  competitive  sports  among  pupils.  (Hilton, 
March  3,  1919.) 

A  school  board  may  properly  pay  for  fumigating  the  school  house.  (Hilton, 
March  4,  1919.) 

School  board  may  not  pay  an  attorney  for  drafting  a  bill  and  urging  it  before 
the  legislature.     (Hilton,  March  10,  1919.) 

A  school  board  can  exclude  from  school  children  attending  in  a  filthy  condition. 
Such  exclusion  does  not  relieve  the  parents  from  liability  under  the  compulsory 
school  act.     (Smith,  Oct.  26,  1916.) 

28 


A  school  board  cannot  buy  land  subject  to  a  mortgage  but  must  be  prepared 
to  secure  the  same  free  from  all  encumbrances.     (Smith,  Dec.   17,  1915. > 

A  school  board  cannot  sell  or  buy  schoolhouse  sites  without  an  election  called 
for  the  purpose  of  voting-  upon  such  sales  and  purchases.     (Smith,  April  18,  1916.) 

A  school  board  is  justified  in  excluding  from  school  a  person  who  has  been 
exposed  to  smallpox  during  the  period  that  there  was  danger  of  imparting  the 
disease  to  others.     (132  M.  375.) 

Discretionary  powers  must  exist  in  a  board  of  public  officers  to  determine 
when  and  to  what  extent  persons  in  their  employment  should  be  excused  bv  reason 
of  sickness  or  temporary  disability;  and  unless  it  is  clear  such  power  has  been 
abused,  it  should  be  overruled  or  discredited.  (O'Deary  vs.  Board  of  Education 
93  N.   Y.   1.   45  Am.   Reports   156.) 

The  board  of  a  common  district  has  power  to  exclude  a  child  from  school  if 
such  child  is  of  such  mental  disposition  as  tends  materially  to  be  detrimental 
to  the  proper  conduct  of  the  school  and  to  work  an  injury  by  detracting  to  an 
appreciable  extent  from  the  efficient  instruction  therein.  The  question  is  largely 
one  of  fact  to  be  determined  in  each  particular  case.     (Smith,  August  3,  1914.) 

A  school  board  has  power  to  employ  a  person  to  supervise  the  play  of  pupils 
during  school  hours,  and  also  to  direct  th^ir  recreation  during  the  time  when  school 
work  is  not  being  carried  on.     (Smith,  July  14,  1917.) 

Schoolboard  has  authority  to  require  children  to  submit  to  a  dental  examina- 
tion.     (Hilton,   October,   1919.) 

A  failure  to  maintain  school  or  provide  for  instruction  in  a  nearby  district 
exposes  the  members  of  the  board  responsible  therefor  to*  the  penalty  perscribed 
by  section  2902,  G.  S.  1913.      (Hilton,  April,  1920.) 

A  school  district  cannot  maintain  a  waterworks  systen  jointly  with  the  town. 
(Hilton,  June  8,  1918.) 

A  school  board  may  make  a  rule  forbidding  pupils  to  enter  school  buildings  or 
grounds  before  half  past  eight  in  the  morning  and  one  o'clock  in  the  afternoon. 
(Smith,  Sept.  26,  1917.) 

Either  the  school  board  or  the  local  board  of  health,  acting  upon  orders  from 
the  state  board  of  health,  may  order  the  schools  closed  because  of  an  epidemic;  but 
only  the  school  board  may  order  them  opened.     (Hilton,   Octber  21,   1918.) 

11.  In  all  proper  cases,  prosecute  and  defend  actions  by  or  against  the 
district.     (2746,  amended  by  c.  25,  Laws  1915.)    ' 

Under  sec.  1320,  subd.  11,  R.  L.,  the  board  may  prosecute  an  action  against 
the  treasurer  when  he  refuses  or  fails  to  turn  over  to  his  successor  in  office 
any  portion  of  the  district  funds  in  his  hands.     (Young,  p.  385.) 

A  school  district  is  not  responsible  in   damages   on   account  of  an  accident   sus- 
tained on  the  school  grounds.      (Hilton,   September,   1919.) 

77.     Additional  powers  of  board — The  school  board  may  also: 

(1)  Provide  for  the  admission  to  the  school  of  the  district  of  non- 
resident pupils,  and  those  above  school  age,  and  fix  the  rates  of  tuition 
for  such  pupils. 

Provided,  in  case  a  person  has  real  property  in,  and  pays  taxes  there- 
on, in  a  common  or  an  independent  school  district  other  than  the  one  in 
which  he  resides,  then  such  person  shall  be  admitted  to  all  the  benefits 
of  such  other  school,  the  same  as  the  residents  therein,  and  if  the  owner 
of  less  than  80  acres  therein,  he  shall  be  admitted  to  all  the  benefits  of 
said  school  the  same  as  residents  therein,  upon  conforming  to  such  reason- 
able terms  for  tuition  as  the  board  of  education  of  such  school  district  may 
have  established  for  non-residents,  except  that  he  shall  be  entitled  to  have 
the  amount  of  school  taxes  which  he  pays  to  the  support  of  said  district 
applied  in  payment  of  said  tuition  fees. 

Provided,  further,  that  nothing  in  this  act  shall  be  so  construed  as  to 
authorize  any  person  who  may  receive  any  of  the  benefits  or  privileges 
of  this  act  to  vote  at  any  school  district  meeting  of  the  school  district 
within  which  he  may  receive  such  benefits  or  privileges,  but  of  which 
he  is  not  a  member. 

The  question  of  whether  a  person  is  an  actual  resident  of  a  school  district 
is  one  which  depends  upon  the  facts  in  the  case.     (91  M.  268.) 

The  board  has  sole  power  to  admit  non-resident  pupils  to  the  school.  Non- 
residents cannot  attend  without  its  permission,  and  it  may  withdraw  such  per- 
mission at  any  time.     (Young,  p.  196.) 

29 


Under  sec.  1321,  R.  L.,  the  board  has  the  sole  power  to  fix  the  rate  of  tuition 
•for  non-resident  pupils.  It  may  take  into  consideration  the  relations  of  such  non- 
nesidents  to  the  district;  and  If  such  non-residents  pay  taxes  in  the  district,  it 
may  fix  a  lower  or  nominal  rati-  of  tuition  in  their  cases.     (Young,  p.   200.) 

The  riffht  of  a  child  to  free  tuition  depends  upon  the  residence  of  such  child 
without  regard  to  the  residence  of  Its  parents.  If  such  child  comes  into  the  dis- 
trict for  the  mere  purpose  of  attending  school,  the  board  may,  in  its  discretion, 
charge  tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who  ac- 
tually resides  In  the  district  is  entitled  to  school  privileges  without  charge.  The 
question  of  actual  residence  is  one  to  be  determined  from  all  the  facts  in  each 
case.     (Young,  p.  177.) 

Under  sec.  1321,  R.  L.,  a  parent  or  guardian  may  send  his  children  to  any 
school  he  pleases,  either  in  the  district  of  his  residence,  or  in  another,  by  com- 
plying  with  the  regulations  of  the  board  of  such  other  districts  as  to  tuition,  etc. 
(Young,   p.   201.) 

The  school  hoard  may  charge  non-resident  pupils  the  cost  price  of  books  and 
supplies   used   by  them.      (Young,   p.  196.) 

The  privilege,  extended  to  the  owner  of  land  in  a  school  district  in  which 
he  does  not  reside,  of  having  the  amount  of  tax  paid  by  him  on  his  land  applied  on 
the  tuition  of  his  children  in  case  he  wishes  to  send  them  to  the  school  of  such 
district,  does  not  extend  to  the  tenant  or  renter  on  such  land.     (Young,  p.  207.) 

Pupils  attending  school  in  a  district  of  which  they  are  not  residents,  registered 
as  paying  book-rent,  shall  not  be  counted  for  drawing  apportionment,  under  sec. 
1321  and  1346,  R.  L.     (Young,  p.  1S5.) 

One  owing  more  than  eighty  acres  of  land  in  a  district  of  which  he  is  not  a 
resident,  is  entitled  to  send  his  children  to  school  in  such  district  without  paying 
tuition:  but  if  he  owns  less  than  eighty  acres,  he  should  be  admitted  to  all  bene- 
fits of  such  district  upon  conforming  to  such  reasonable  tuition  charges  as  the 
board  has  established  for  non-residents  and  is  entitled  to  have  the  school  taxes 
he  pays  to  support  such  district  applied  upon  tuition.  In  either  case  he  is  not 
entitled  to  votp  at  the  meetings  of  the  district  construing  chapter  445,  Laws 
1907.     (Young,  May,  1907.) 

(2)  Establish  and  organize,  alter  and  discontinue,  such  grades  of 
schools  as  they  may  deem  expedient. 

(3)  Authorize  the  use  of  any  schoolhouse  in  the  district  for  divine 
worship,  Sunday  schools,  public  meetings,  elections  and  such  other  similar 
purposes  as  in  their  judgment,  will  not  interfere  with  its  use  for  school 
purposes:  but  before  permitting  such  use,  the  board  mav  require  the  bond 
of  some  responsible  party,  in  the  penal  sum  of  one  hundred  dollars,  condi- 
tioned for  the  proper  use  of  such  schoolhouse,  the  payment  of  all  rent,  and 
the  repair  of  all  damage  occasioned  by  such  use,  and  they  may  charge  and 
collect  for  the  use  of  the  district  from  the  persons  using  such  schoolhouse 
such  reasonable  compensation  as  they  may  fix. 

Under  chapter  417.  Laws  of  1917.  a  school  board  is  given  authority  to  permit 
the  use  of  a  schoolhouse  for  paroch'al  school  during  vacations,  hut  not  during 
anv  other  period  of  the  year.  A  reasonable  rental  must  be  charged  for  such  use. 
(Hilton,  May.  1920.) 

(4)  Subject  to  such  rules  and  regulations  as  they  shall  adopt;  provide 
for  the  free  transportation  to  and  from  school,  at  the  expense  of  the  dis- 
tricts, of  all  pupils  residing  more  than  one-half  mile  from  the  schoolhouse, 
for  the  whole  or  such  part  of  the  school  year  as  they  may  deem  expedient; 
and  in  school  districts  situated  in  more  than  one  county  shall  provide  such 
transportation  during  the  months  of  October,  November,  December,  Janu- 
ary, February,  March  and  April  for  all  pupiis  residing  two  miles  or  more 
from  the  schoolhouse,  and  who  are  not  less  than  six  years  of  age  nor  more 
than  sixteen  years  of  age;  and  shall  require  from  every  person  employed  for 
that  purpose  a  reasonable  bond  for  the  faithful  discharge  of  his  duties,  as 
prescribed  by  the  board. 

Athoush  a  school  board  is  empowered  to  provide  for  the  free  transportation 
to  and  from  school  at  the  expanse  of  the  district  of  all  pupils  residing  more  than 
one-half  mile  from  the  schoolhouse,  for  the  whole  or  such  part  of  the  school 
year  as  thev  may  deem  expedient,  such  board  is  not  compelled  to  do  so.  (Simpson, 
Sepf.   21,   1910.) 

Permission  given  to  school  boards  to  provide  free  transportation  for  children 
has  only  to  do  with  transportation  to  the  public  schools,  and  such  board  cannot 
furnish  transportation  to  pupils  attending  parochial  schools.  (Simpson,  Nov.  16, 
1910.) 

30 


A  school  board  of  a  common  school  district  not  containing  ten  townships  or 
more  has  no  right  to  pay  board  and  lodging  for  children  attending  school  in  that 
district.     (Smith,  Jan.   6,  1915.) 

A  pupil  residing  without  a  consolidated  district  but  whose  father  owns  land 
within  it  is  entitled  to  transportation  if  he  presents  himself  within  the  district  on 
the  usual  course  of  the  bus.     (Smith,  January  12,  191S.) 

School  board  has  no  authority  to  provide  transportation  facilities  for  children 
attending  a  private  school.     (Hilton,  October,  1919.) 

A  district  that  has  employed  a  bonded  driver  for  a  transportation  bus  is  not 
liable  in  damages  for  injuries  sustained  by  pupils  while  being  transported  to  or 
from  the  school  house.      (Hilton,   Nov.   1919.) 

(5)  Make  rules  and  regulations  respecting  the  protection  of  the 
property  of  the  district,  and  prescribe  penalties  for  a  breach  thereof,  to 
be  recovered  for  the  use  of  the  district  as  penalties  in  other  cases,  before 
a  justice  of  the  peace,  and  change  or  appeal  such  rules.  (2747,  as  amended 
by  chapter  417,  Laws  of  1917.) 

78.  Special  duties  of  board  in  common  school  districts — The  school 
board  of  every  common  school  district  shall  submit  to  the  annual  school 
meeting  an  estimate  of  the  expenses  of  the  district  for  the  coming  year 
for  five-months  school,  and  for  such  further  time  as  it  may  be  decided  by 
the  meeting  to  hold  school,  and  for  such  other  specified  purposes  as  the 
board  may  deem  proper,  and,  if  such  meeting  shall  fail  to  vote  a  sufficient 
tax  to  maintain  a  school  for  such  time,  the  board  shall  levy  such  tax;  but 
no  such  school  board  shall  expend  any  money  or  incur  any  liability  for  any 
purpose  beyond  the  sum  appropriated  by  vote  of  the  district  for  such  pur- 
pose, or  levied  by  the  board  pursuant  to  this  section,  or  on  hand  and  applic- 
able thereto.  When  the  district  lias  decided  by  vote  at  any  legal  meeting 
to  open  more  than  one  school,  the  board  shall  provide  for  opening  such 
school  or  schools,  and  assign  to  each  a  proper  number  of  pupils.     (2756) 

79.  School  board;  power  to  admit  pupils  from  other  district — The  child 
or  children  of  any  person  in  this  state  not  resident  within  the  limits  of  any 
incorporated  city  or  village  of  this  state,  and  residing  more  than  two  miles 
by  the  nearest  traveled  road  from  the  schoolhouse  in  the  district  where 
such  child  or  children  reside,  are  hereby  authorized  to  attend  school  at  a 
school  or  schoolhouse  in  an  adjoining  district  nearer  to  such  residence  than 
the  said  schoolhouse  in  the  said  district  where  such  child  or  children  re- 
side, upon  such  reasonable  terms  as  shall  be  fixed  by  the  school  board  of 
such  adjoining  district,  upon  application  of  the  parents  or  guardian  of  such 
child  or  children.  In  cace  such  parent  or  guardian  is  not  satisfied  or  can- 
not comply  with  the  terms  and  conditions-  fixed  and  determined  by  the 
school  board  of  such  adjoining  district,  and  shall  applv  to  The  State  Superin- 
tendent of  Public  Instruction  for  that  purpose,  the  State  Superintendent  of 
Public  Instruction  shall  give  such  notice  of  such  application  to  the  clerk  of 
the  school  board  of  such  adjoining  district  as  shall  be  determined  by  such 
Superintendent  of  Fublic  Instruction,  and  shall  after  such  notice,  decide 
such  application  and  fix  such  terms  and  conditions  for  the  attendance  of 
such  chiUl  or  children  in  such  adjoining  district  as  shall  be  just  and  reason- 
able, and  thereupon  such  child  or  children  may  attend  such  school  in  such 
adjoining  district  upon  compliance  with  the  terms  fixed  by  such  superin- 
tendent of  public  instruction,  the  same  in  other  respects  as  if  resident  in 
the  district  where  such  schoolhouse  is  situated.  Provided  that  nothing 
herein  contained  shall  be  construed  as  repealing,  amending  or  modifying 
the  provisions  of  section  1321.  Revisi  d  Laws  of  1W*.  as  amended  by  chapter 
445,  of  the  General  Laws  of  Minnesota,  1907.     (2751) 

80.  Public  evening  schools  for  adults— The  school  board  of  any  school 
district  or  unorganizpd  territory  may  establish  and  maintain  public  evening 
schools  as  a  branch  of  the  public  schools,  and  such  evening  schools  when 
so  maintained  shall  be  available  to  all  persons  over  sixteen  years  of  age 
who  from  any  cause,  are  unable  to  attend  the  full  time  school  of  such  dis- 
trict- and  such  evening  schools  and  the  general  conduct  thereof  shall  be 
under  the  direction  and  control  of  the  State  Board  of  Education.     (Section 

31 


1,   chapter  356,  Laws   1919,   as   amended   bv   section   1,   chapter  350,   Laws 
1921.) 

81.  Same;  investigation  by  the  State  Board  of  Education — The  State 
Board  of  Education  is  hereby  authorized  and  directed  to  make  such  in- 
vestigation as  may  be  necessary  to  advance  the  purposes  of  this  act  and  to 
carry  out  the  provisions  thereof.  (Section  2,  chapter  356,  Laws  1919,  as 
amended  by  section  2,  chapter  350,  Laws  1921.) 

82.  Same;  payment  of  salaries — One-half  the  salaries  of  all  teachers 
who  teach  in  evening  schools  shall  be  paid  from  state  funds  or  state  and 
federal  funds  combined  in  so  far  as  such  funds  are  made  available.  Such 
payment  shall  be  made  upon  verified  statements  of  account  presented  to  the 
State  Commissioner  of  Education  by  the  clerks  of  the  respective  school  dis- 
tricts or  by  the  county  superintendent  of  schools.  (Section  3,  chapter  356, 
Laws  1919,  as  amended  by  section  3,  chapter  350,  Laws  1921.) 

83.  Instruction  of  pupils  in  adjoining  district — The  school  board  of  any 
district,  when  it  deems  it  advisable,  may  provide  for  the  instruction  of  its 
pupils  in  an  adjoining  district,  and  in  such  case  may  discontinue  the  schools 
of  its  own  district  or  of  any  grades  or  departments  in  said  schools,  and 
provide  for  the  free  transportation  of  the  pupils  of  its  own  district  to  the 
school  in  an  adjoining  or  nearby  district.  The  teachers  shall  keep  the 
registers  separately  for  the  pupils  from  such  district  discontinuing  its* 
schools,  and  shall  return  the  registers  and  make  separate  records  to  the 
clerk  of  such  district  and  to  the  county  superintendent,  of  the  number  and 
names  of  pupils,  with  their  attendance,  and  such  district  shall  retain  its 
organization  and  shall  be  entitled  to  public  money,  including  the  special 
state  aid  granted  to  ungraded  elementary  schools,  under  such  rules  as  may 
be  fixed  by  the  commissioner  of  education,  except  that  state  apportionment 
for  non-resident  pupils  enrolled  in  the  high  school  department  shall  go  to 
the  districts  in  which  the  high  school  is  located.  Such  aid  shall  be  paid 
from  appropriation  made  for  common  schools.  (Section  2750,  as  amended 
by  section  15,  chapter  497,  Laws  1921.) 

The  provisions  for  transportation  to,  and  education  in  an  adjoining  district 
are  obligatory  on  the  board  if  the  home  school  is  discontinued.  (Hilton,  Feb.  11, 
1919.) 

Board  need  not  furnish  transportation  for  high  school  pupils  unless  it  main- 
tained a  high  school  when  schools  were  closed.     (Hilton,  Jan.   15,   1919.) 

84.  Sites  for  agricultural  schools — That  the  board  of  education  or  other 
governing  body  of  any  school  district  in  the  State  of  Minnesota,  in  which  in- 
struction in  agriculture  is  afforded,  be  and  hereby  is  authorized  and  em- 
powered to  purchase  or  otherwise  acquire  by  condemnation  proceedings  as 
provided  for  acquiring  schoolhouse  sites  in  the  name  and  in  behalf  of  such 
school  district,  a  suitable  tract  of  land  either  within  or  without  the  limits 
of  such  school  district,  to  be  used  for  the  purpose  of  instruction,  experi- 
mentation and  demonstration  in  agriculture.  The  provisions  of  this  act 
shall  apply  as  well  to  districts  organized  under  special  acts  as  under  the 
general  laws,  notwithstanding  any  provisions  or  restrictions  in  the  laws 
under  which  the  same  are  organized.     (2748-9) 

A  school  district  may  acquire  land  by  condemnation  proceedings  under  the 
exercise  of  the  right  of  eminent  domain  for  school  purposes.     (124  M.  272.) 

The  broad  of  education  of  an  independent  district  has  power  to  purchase  land 
at  fair  prices  for  the  purposes  of  agricultural  instruction,  without  the  vote  or 
sanction  of  the  electors.      (Smith,  June  12,   1913.) 

85.  Power  of  consolidated  districts  to  acquire  sites — The  school  board 
of  any  consolidated  school  district  which  does  not  contain  within  its  limits 
an  incorporated  city  or  village  may  purchase  or  acquire  by  condemnation 
proceedings,  as  provided  by  law  for  acquiring  schoolhouse  sites,  in  the 
name  and  on  behalf  of  such  school  district,  a  suitable  tract  of  land  within 
the  limits  of  said  district  to  be  used  for  the  purpose  of  erecting  buildings 
thereon  for  use  for  dwelling  purposes  by  teachers  or  other  employees  of 

32 


said  district,  and  may  erect  such  buildings  on  said  tract  or  on  any  other 
real  estate  owned  by  such  district. 

The  school  board  of  any  such  district  may  also  sell,  lease  or  other- 
wise dispose  of  such  property  so  built  or  acquired  when  deemed  advisable 
and  for  the  best  interests  of  the  districts.     (Chapter  358,  Laws  1915.) 

86.  School  board  members  made  peace  officers — Members  of  school 
boards  in  common  or  consolidated  school  districts  shall  be  peace  officers, 
and  may  suppress  disorder  and  make  arrests  for  any  disorderly  conduct, 
or  breach  of  peace,  in  any  schoolhouse  or  on  any  school  grounds,  in  their 
respective  districts,  and  may  command  the  assistance  of  all  persons.     (2758) 

87.  Contracts;  advertisement  for  bids — No  contract  for  work  or  labor, 
or  for  the  purchase  of  furniture,  fixtures,  or  other  property,  or  for  the  con- 
struction or  repair  of  schoolhouses,  the  estimated  cost  or  value  of  which 
shall  exceed  five  hundred  dollars  ($500.00),  shall  be  made  by  the  school 
board  of  any  common  or  independent  school  district  without  first  advertis- 
ing for  bids  or  proposals  in  some  newspaper  of  the  county  by  two  (2)  weeks' 
published  notice  in  the  city  or  village  located  nearest  to  the  school  district 
in  which  such  contracts  are  proposed  to  be  let,  or  some  newspaper  pub- 
lished in  the  county  seat  in  such  county.  Such  notice  shall  state  the  time 
and  place  of  awarding  the  contract,  and  contain  a  brief  description  of  the 
work  to  be  performed,  materials  to  be  furnished  or  building  to  be  con- 
structed or  repaired.     (2773) 

Note— See  also  sections  8245-8249,  G.  S.  1913. 

88.  Contracts;  letting  contracts — Every  such  contract  shall  be  awarded 
to  the  lowest  responsible  bidder,  shall  be  duly  executed  in  writing,  and  the 
person  to  whom  the  same  is  awarded  shall  give  a  sufficient  bond  to  the 
board  for  its  faithful  performance,  and  otherwise  conditioned  as  required 
by  sections  4535,  4536,  4537  and  4538,  Revised  Laws,  1905  as  amended.  If 
no  satisfactory  bid  is  received,  the  board  may  re-advertise.  Every  contract 
made  without  compliance  with  the  provisions  of  this  act  shall  be  void; 
provided,  that  in  case  of  the  destruction  of  buildings  or  injury  thereto, 
where  the  public  interests  would  suffer  by  delay,  contracts  for  repairs 
may  be  made  without  advertising  for  bids.     (2774) 

School  board  not  authorized  to  let  contracts  for  work  on  a  cost  plus  basis. 
(Hilton,  June,  1919.) 

89.  Municipalities  to  keep  records  of  cost  of  public  works — Notices  of 
costs  shall  be  printed — Whenever  a  county,  city,  village,  borough,  school 
district  or  other  political  subdivision  of  the  State  of  Minnesota,  or  any 
public  agency  of  such  municipality  or  politcal  subdivision,  shall  determine 
that  any  public  work  or  construction  is  necessary  to  be  done  either  by  con- 
tract or  by  day  labor,  or  otherwise,  an  estimate  of  the  cost  thereof  shall  be 
made,  and  if  such  estimate  shall  exceed  the  sum  of  fifteen  hundred  dollars 
($1,500)  the  total  amount  of  such  estimate  shall  be  published  in  the  otlicial 
newspaper  of  such  county,  municipality,  or  political  subdivision.  If  there 
be  no  such  official  paper,  the  same  shall  be  published  in  a  legal  newspaper 
of  the  county  in  which  the  work  is  to  be  done.  If  the  estimated  cost  of 
such  public  work  or  construction  exceeds  the  sum  of  fifteen  hundred  dollars 
($1,500),  such  municipality,  political  subdivision,  or  public  agency  shall 
keep  and  preserve  an  accurate  record  and  account  of  such  work  and  con- 
struction, and  of  the  cost  thereof,  whether  it  be  done  by  contract  or  by 
day  labor  or  otherwise.  Provided,  that  where  such  estimate  is  published 
as  part  of  the  official  proceeding  of  the  governing  body  of  such  municipality, 
public  agency  or  political  subdivision,  no  further  publication  shall  be  re- 
quired under  the  provisions  hereof.     (Section  1,  chapter  274,  Laws  1921.) 

90.  Same;  What  shall  be  shown  In  account— The  said  account  shall 
ihow  in  accurately  tabulated  form,  under  appropriate  heads,  the  totals  of 
all  classes,  kinds  and  descriptions  of  work  performed  and  of  materials  en- 

33 


tering  into  such  public  work  or  construction,  and  the  cost  to  such  munici- 
pality, political  subdivision  or  public  agency  of  each,  including  the  cost  of  all 
materials,  supplies  and  services  furnished  or  paid  for  by  said  municipality, 
political  subdivision  or  public  agency;  and  the  cost  of  all  labor,  when  said 
work  or  construction  is  done  by  day  labor,  when  such  public  work  or  con- 
struction is  done  by  contract  the  prices  paid  to  the  contractor  for,  and  the 
amounts  paid  to  him  for  each  class,  kind  or  description  of  work  performed, 
and  materials  furnished;  and  in  all  cases,  the  cost  of  all  overhead,  the  cost 
of  engineering,  and  all  other  expenses,  involved  in  the  total  cost  of  such 
public  work  or  construction,  which  total  shall  be  tabulated  and  distinctly 
shown.     (Section  2,  chapter  274,  Laws  1921.) 

91.  Same;  total  costs  shall  be  published— The  total  cost  of  such  public 
work  or  construction,  upon  completion  thereof,  shall  be  published  in  a  legal 
newspaper  in  the  county,  city,  town,  borough  or  school  district  in  which 
said  work  is  done,  if  there  be  such  newspaper  published  therein.  If  not, 
then  in  some  legal  newspaper  published  at  the  county  seat  of  the  county 
in  which  said  work  or  construction  is  performed.  (Section  3,  chapter  274, 
Laws  1921.) 

92.  Same;  records  to  be  open  to  public — Certified  copies — The  records 
and  accounts  hereinabove  required  to  be  made  and  kept,  shall  be  open  to 
inspection  by  the  public  at  all  reasonable  times.  Certified  copies  thereof 
shall  be  furnished  to  any  citizen  of  this  state  on  demand,  on  payment  of  the 
legal  fee  for  making  and  certifying  the  same.  (Section  4,  chapter  274, 
Laws  1921.) 

93.  Supplies  for  schools  may  be  purchased  by  members  of  board  in 
certain  cases  and  not  to  exceed  $25  per  annum — Members  of  any  school 
board  in  any  common  school  district  in  this  state  employing  not  more  thai* 
three  (3)  teachers  are  hereby  authorized  and  permitted  to  contract  with,  do 
work  for,  and  furnish  supplies  to  such  districts  when  authority  therefor 
is  given  by  the  full  school  board.  Provided,  that  the  bills  for  such  claims 
shall  not  exceed  twenty-five  ($25.00)  dollars  per  annum  and  that  they  must 
be  allowed  at  a  board  meeting  by  the  unanimous  vote  of  the  entire  school 
board.  All  such  bills  shall  be  duly  itemized  and  a  full  and  complete  itemized 
report  shall  be  made  at  the  annual  school  meeting.  (Chapter  306,  Laws 
1919.) 

94.  Special  duties  of  board  in  independent  districts — In  addition  to 
the  duties  hereinbefore  imposed,  the  school  board  of  each  independent 
school  district  shall: 

1.  Make,  and,  when  deemed  advisable,  change  or  repeal,  rules  relating 
to  the  organization  and  management  of  such  board  and  the  duties  of  its 
officers. 

2.  Provide  by  levy  of  tax  necessary  funds  for  the  conduct  of  schools, 
the  payment  of  indebtedness,  and  all  proper  expenses  of  the  district.     (2757) 

In  an  independent  district,  the  board,  and  not  the  electors,  should  determine 
the  length  of  school  to  be  held;  under  sec.  1325,  It.  L.   1905.     (Young,  p.  181.) 

95.  Additional  powers  of  boards  in  independent  districts — The  school 
board  of  any  independent  district  may  also: 

1.  Establish  and  maintain  public  evening  schools  as  a  branch  of  the 
public  schools,  and  such  evening  schools,  when  so  maintained,  shall  afford 
a  continuous  session  of  not  less  than  two  hours  on  each  school  day,  shall 
be  available  to  all  persons  over  ten  years  of  age  who  from  any  cause  are 
unable  to  attend  the  public  day  schools,  and  attendance  at  such  evening 
schools  shall  entitle  such  district  maintaining  the  same  to  its  pro  rata 
apportionment  of  state  school  funds  for  all  pupils  not  over  twenty-one 
years  of  age,  the  same  as  if  such  pupils  attended  the  day  schools  of  such 

34 


district.     Except  as  herein  provided,  such  evening  schools  shall  be  under 
the  same  regulations  as  day  schools  of  like  grade. 

2.  Establish  and  maintain  one  or  more  kindergartens  for  the  instruc- 
tion of  children  above  four  and  under  six  years  of  age. 

3.  Receive,  for  the  benefit  of  the  district,  bequests,  donations,  or  gifts 
for  any  proper  purpose,  and  apply  the  same  to  the  purpose  designated. 

4.  Remove  for  proper  cause  any  member  or  officer  of  the  board,  and 
fill  the  vacancy:  but  such  removal  must  be  by  a  concurrent  vote  of  at  least 
four  members,  at  a  meeting  of  whose  time,  place,  and  object  he  has  been 
duly  notified,  with  the  reasons  of  such  proposed  removal,  and  after  an 
opportunity  to  be  heard  in  his  own  defence.     (2752) 

It  is  within  the  power  of  the  board  of  education  of  an  independent  district  to 
employ  a  visiting  nurse  to  assist  and  inspect  the  children  as  to  health  and  to  visit 
the  absent  in  their  homes  and  give  treatment  and  directions  as  shall  be  found 
necessary,  provided  such  action  reasonably  promotes  the  educational  advancement 
of  the  pupils  in  the  district:  and  her  compensation  rests  in  the  discretion  of  the 
board.     (Smith,  January,  1913.) 

The  function  of  such  visiting  nurse,  the  work  she  is  to  perform,  and  her  com- 
pensation, rests  largely  in  the  discretion  of  the  board;  and  such  discretion  rests 
on  the  promotion  of  the  educational  advancement  of  the  pupils  of  the  district. 
Such  nurse  should  confine  her  activities  to  the  examinatiin  of  school  children  as 
to  health  condition  and  to  the  making  of  reports  thereon  in  such  a  way  as  to  best 
bring  about  a  change  of  unhealthful  conditions  and  by  way  of  suggestions  as  to 
remedies  for  situations  found.  It  is  hardly  within  her  province  to  give  treat- 
ment. The  performance  of  her  duties  should  be  confined  to  matters  that  have 
to  do  with  the  health  of  the  children  from  the  standpoint  of  the  public  welfare, 
and  should  not  include  anything  that  more  than  incidentally  affects  the  welfare 
of  private  individuals.     (Smith,  January  13,  1913.) 

96.  School  board:  Power  to  control  school  activities — In  addition 
to  the  powers  now  or  hereafter  conferred  by  law  upon  the  school  board 
of  any  school  district  in  this  state,  such  school  board  may  and  upon  vote  of 
the  district  shall  take  charge  of  and  control  all  school  and  quasi  school 
activities  of  the  teachers  and  children  of  the  public  schools  in  that  dis- 
trict held  in  the  school  buildings  or  school  grounds  or  under  the  super- 
vision or  direction  of  the  school  board  and  to  that  end  adopt  rules  and 
regulations  for  the  conduct  of  athletic,  oratorical,  musical,  dramatic  and 
other  contests  and  entertainments  in  which  the  schools  of  such  districts  of 
any  class  or  pupils  therein  may  participate.  All  moneys  received  on  ac- 
count of  such  entertainments  and  contests  shall  be  turned  over  to  the 
school  district  treasurer  who  shall  keep  the  same  in  a  separate  fund  to 
be  known  as  the  "school  auxiliary  fund,"  to  be  disbursed  for  expenses  con- 
nected with  such  entertainments  or  contests,  or  otherwise  by  the  school 
board  upon  properly  allowed  itemized  claims.  Any  donations  to  the 
school  district  for  specific  objects  and  purposes  and  other  than  for  the 
primary  purposes  of  the  district,  shall  be  placed  in  the  fund  hereinbefore 
referred  to  and  in  like  manner  disbursed;  the  request  of  the  donor  or 
donors  thereof  being  complied  with  in  regard  to  the  purpose  of  such 
disbursements,  if  the  school  board  shall  consider  that  the  interest  of  the 
district  will  be  promoted  thereby.     (Section  1,  chapter  112,  Laws  1917.) 

97.  Same — No  such  school  or  quasi  school  entertainment  or  contest  in 
any  district  in  which  the  school  board  shall  act  under  the  provisions  of  this 
chapter  shall  be  participated  in  by  the  teachers  or  pupils  in  the  public 
schools  of  such  district,  nor  shall  the  school  name  or  any  allied  name 
be  used  in  connection  therewith,  except  by  consent  and  direction  of  the 
school  board.     (Section  2,  chapter  112,  Laws  1917.) 

98  Duties  of  Superintendent  in  independent  districts— The  superin- 
tendent in  independent  or  special  districts  shall  visit  the  schools  of  the 
district,  and  exercise  a  general  supervision  over  them,  and  report  their 
condition  to  the  board,  with  proper  recommendations,  when  he  deems  It 
advisable,  or  when  requested  by  the  board.  He  shall  superintend  the  grad- 
ing of  the  schools  and  examinations  for  promotion,  and  shall  perform  such 

35 


other  duties  as  the  board  shall  prescribe.  He  shall  make,  either  directly 
to  the  state  superintendent,  or  through  county  suprintendent,  such  reports 
as  shall  be  required.     (2768) 

99.  Compensation  of  officers  in  Independent  districts — The  olerk, 
treasurer,  and  superintendent  of  independent  districts  shall  receive  such 
compensation  as  may  be  fixed  by  the  board.  No  officer  or  member  of  any 
school  board  shall  receive  pay  as  such,  except  as  provided  in  this  chapter. 
(2771) 

100.  Powers,  duties  and  compensation  of  chairman  in  common  districts 

— The  chairman,  when  present,  shall  preside  at  all  meetings  of  the  boara 
and  of  the  district,  except  when  a  moderator  has  been  chosen;  shall  counter- 
sign all  orders  upon  the  treasurer  for  claims  allowed  by  the  board;  shall 
represent  the  district  in  all  actions;  and  shall  perform  all  the  duties  usually 
incumbent  on  such  officer. 

In  case  of  absence,  inability  or  refusal  of  the  clerk  to  draw  orders 
for  the  payment  of  money  authorized  by  a  vote  of  the  majority  of  the 
board  to  be  paid,  the  orders  may  be  drawn  by  the  chairman,  and  paid  by 
the  treasurer,  a  statement  thereof,  with  a  copy  of  such  orders,  being  deliv- 
ered to  the  clerk  by  the  treasurer,  or  the  office  of  the  clerk  may  be  declared 
vacant  by  the  chairman  and  trasurer,  and  filled  by  appointment. 

The  chairman  may  receive  as  compensation  such  an  amount  as  may  be 
determined  at  the  regular  school  meeting  of  the  district,  but  such  com- 
pensation shall  not  exceed  six  dollars  in  any  one  year.      (2767) 

101.  Duties  of  clerk  in  common  districts — The  clerk  shall  keep  in  books 
provided  for  that  purpose  a  record  of  all  meetings  of  the  district  and  the 
board.  He  shall,  within  three  days  after  the  meeting,  notify  all  persons 
elected  upon  any  school  board  or  as  officers  of  any  district  of  their  election, 
and,  on  or  before  August  10  in  each  year,  make  and  transmit  to  the  county 
superintendent  a  certified  report,  showing: 

1.  The  condition  and  value  of  school  property. 

2.  The  receipts  and  disbursements  in  detail,  and  such  other  financial 
matters  as  may  be  called  for  by  the  state  superintendent. 

3.  The  annual  arrangement  of  terms  of  schools,  and  the  grading,  if  any 
thereof. 

4.  The  names  and  postoffice  addresses  of  all  trustees  and  other  officers. 

5.  Such  other  items  of  information  as  may  be  called  for  by  the  state 
superintendent. 

He  shall  enter  in  his  record  book  copies  of  all  his  reports  and  of  the 
teachers'  term  reports,  as  they  appear  in  the  registers,  and  of  the  pro- 
ceedings of  any  meeting  as  furnished  him  by  the  clerk  pro  tern.,  and  shall 
keep  an  itemized  account  of  all  the  expenses  of  the  district;  and  in  common 
districts  he  shall  report  to  the  county  superintendent  the  time  of  commence- 
ment of  each  term  at  least  two  weeks  in  advance.  He  shall  furnish  to  the 
county  auditor  or  auditors  of  the  proper  county  or  counties,  on  or  before 
October  10  of  each  year,  an  attested  copy  of  his  record,  showing  the  amount 
of  money  voted  by  the  district  or  the  board  for  school  purposes;  shall  draw 
and  sign  all  orders  upon  the  treasurer  for  the  payment  of  money  for  bills 
allowed  by  the  board  for  salaries  of  officers  or  for  teachers'  wages,  to  be 
countersigned  by  the  chairman.  Such  orders  shall  state  the  consideration, 
payee,  and  fund,  and  the  clerk  shall  take  a  receipt  therefor.  Teachers' 
wages  shall  have  preference  in  the  order  in  which  they  become  due,  and 
no  money  applicable  for  teachers'  wages  from  the  current  school  fund  shall 
be  used  for  any  other  purpose,  nor  shall  teachers'  wages  be  paid  from  any 
fund  except  that  raised  or  apportioned  for  that  purpose.     (2759) 

36 


A  school  district  clerk  may  not  be  employed  as  janitor  and  receive  compen- 
sation  therefor.     (Smith,  October  17,   1917.) 

The  issuance  of  an  order  by  the  clerk  of  a  district  to  pay  the  wages  of  a 
teacher  known  by  him  not  to  have  been  licensed  to  teach,  is  an  unlawful  diversion 
of  the  funds  of  the  district,  and  subjects  him  to  the  penalty  provided  by  law. 
(31  M.  333) 

The  clerk  should  draw  orders  for  payment  of  tachers'  wages  as  due,  without 
requiring  a  bill  therefor  to  be  first  allowed  by  the  board.     (126  M.  367.) 

School  district  warrants  (orders)  can  be  issued  only  where  there  are  funds  in 
the  district  treasury  available  for  the  payment  of  the  same,  or  in  anticipation 
of  the  collection  of  taxes  which,  when  collected,  will  be  available  for  such  purpose. 
(Hilton,   December,    1919.) 

102.  Compensation  of  clerk  in  common  districts — The  clerk  of  each 
common  district  shall  be  paid  at  the  rate  of  two  per  cent  of  the  cash 
disbursements  for  the  year,  upon  making  his  annual  report  to  the  super- 
intendent as  required  by  law  accurately  and  in  proper  time;  such  compen- 
sation shall  not  exceed  six  dollars  in  any  one  year,  unless  a  greater  com- 
pensation has  been  voted  at  a  meeting  of  the  district  upon  a  notice  stating 
that  action  would  be  had  at  such  meeting  respecting  such  increase  of 
compensation;  provided  that  in  no  case  shall  the  compensation  of  the  clerk 
as  herein  provided  exceed  fifty  dollars  ($50.00)  for  any  one  year.  Such 
payment  shall  be  made  by  the  treasurer  upon  a  certificate  of  the  superin- 
tendent that  such  clerk  is  entitled  thereto.     (2769) 

The  fixing  the  compensation  of  treasurer  at  one  annual  meeting  has  no  effect 
upon  his  salary  for  a  subsequent  yeax.  The  treasurer  is  not  entitled  as  a  matter 
of  right  to  2  per  cent  of  moneys  handled  by  him  during  any  year. 

103.  Duties  of  treasurer  in  common  districts — The  treasurer  shall  receive 
and  be  responsible  for  all  moneys  of  the  district,  and  shall  disburse  the 
same  on  orders  signed  by  the  clerk  and  countersigned  by  the  chairman,  or 
other  vouchers  authorized  by  law.  Each  order  shall  state  the  fund  on 
which  it  is  drawn,  the  name  of  the  payee,  and  the  nature  of  the  claim  for 
which  such  order  is  issued.  He  shall  keep  an  account  of  each  fund,  and  of 
all  receipts  and  disbursements,  showing  the  source  of  such  receipts  and 
nature  and  purpose  of  such  disbursements,  and  within  three  days  preceding 
the  annual  meeting  shall  file  with  the  clerk  a  detailed  financial  statement 
of  the  district,  showing  all  receipts  and  disbursement,  and  the  nature  of 
the  same,  the  moneys  on  hand  and  the  purposes  to  which  the  same  are 
applicable,  the  credits  of  the  districts,  and  its  outstanding  liabilities,  and  the 
nature  thereof.  Such  report,  together  with  his  vouchers,  shall  be  examined 
by  the  board,  and,  if  found  correct,  approved  by  resolution,  entered  in  the 
records.  If  incomplete  or  inaccurate  a  further  or  amended  report  may  be 
required  by  the  board.  Such  report,  when  complete,  shall  be  laid  before 
the  annual  meeting,  to  be  in  like  manner  approved.  He  shall  make  such 
further  reports  as  may  from  time  to  time  be  called  for  by  the  board,  and 
shall  perform  all  duties  usually  incumbent  on  such  officers. 

Every  order  drawn  for  the  payment  of  teachers'  wages,  and  for  any 
other  lawful  purpose,  after  having  been  presented  to  the  treasurer  for 
payment,  and  not  paid  for  want  of  funds,  shall  be  endorsed  by  the  treasurer 
by  putting  on  the  back  thereof  the  words,  "Not  paid  for  want  of  funds," 
giving  the  date  of  indorsement  and  signed  by  the  treasurer.  A  record  of 
such  presentment,  non-payment  and  indorsement,  shall  be  made  by  the 
treasurer.  Every  such  order  shall  bear  interest,  at  the  rate  of  6  per  cent 
per  annum  from  the  date  of  presentment,  until  the  treasurer  serves  a 
written  notice  upon  the  payee  or  his  assignee,  personally,  or  by  mail,  that 
he  is  prepared  to  pay  such  order,  such  notice  may  be  directed  to  the  payee 
or  his  assignee  at  the  address  given  in  writing  by  such  payee  or  assignee 
to  such  treasurer,  at  any  time  prior  to  the  service  of  such  notice;  no 
order  shall  draw  any  interest  if  such  address  is  not  given  when  the  same 
is  unknown  to  the  treasurer.     (2760) 

When  the  treasurer  has  lost  district  funds  by  burglary,  without  bis  own  fault, 
he  and  his  bondsmen  are  liable  for  the  loss;  and  a  vote  of  the  district  to  discharge 
him  from  the  obligation  is  of  no  effect.     (44  M.  427.) 

37 


The  treasurer  of  a  district  is  not  required  to  allow  certificates  of  deposits  to 
remain  on  deposit  in  the  bank  which  issued  them;  but  he  may  convert  them  into 
money  if  he  desires.     (98  M.   535.) 

The   treasurer  who   mingles   school   funds   with  his   own,  but   who   is   able  and 

willing  at   all    times    to   pay   all   legal   orders   of  the   district,  and   accounts   for   all 

money  received  during   his   term  at   the   end  of   his   term,   is  not  liable  after  such 
accounting  and  after  the  end  of  his  term.      (98  M.  535.) 

"Has  the  treasurer  authority  to  recognize  by  payment  an  order  signed  by 
the  clerk  only?"  It  will  be  observed  that  it  is  only  when  attested  by  the  director 
that  the  treasurer  is  authorized  to  pay.  Paragraph  94  of  this  compilation  provides 
If  or  the  payment  of  orders  signed  by  the  director  alone  in  case  of  the  absence,  in- 
ability or  refusal  of  the  clerk  to  draw  orders.     (Hahn,  p.  509.) 

The  law  implies  that  the  books  and  moneys  shall  be  turned  over  to  the 
newly  elected  treasurer  at  once,  when  he  shall  have  qualified,  and  refusal  on  the 
part  of  the  old  incumbent  to  thus  comply  with  the  law  would  subject  him  to 
prosecution.  It  is  embezzlement  for  a  school  district  treasurer  to  refuse  to  ac- 
count to  his  successor  in  office  and  withold  from  him  the  moneys  of  the  dis- 
trict.     (Childs,   June  7,   1S93.) 

A  person  who  executes  any  of  the  functions  of  a  public  office  without  having 
executed  and  duly  filed  the  required  security  is  guilty  of  a  misdemeanor,  and 
in  addition  to  the  punishment  prescribed  therefor,  he  forfeits  his  right  to  the  of- 
fice.    (Penal  Code.) 

A  failure  on  the  part  of  a  treasurer-elect  to  execute  a  bond  within  the  re- 
quired time  makes  it  the  duty  of  the  director  and  clerk  to  appoint  another  treas- 
urer.    (Childs,  July  8,  1892.) 

There  is  no  provision  of  law  for  a  deputy  district  treasurer.  Removal  of  the 
treasurer  from  the  district  creates  a  vacancy  in  the  office  which  should  be  filled 
by  appointment.     (Donahower,  p.  137.) 

Under  section  1327,  R.  L..,  the  treasurer  of  a  district  is  authorized  to  pay  out 
money  only  upon  orders  signed  by  the  clerk  and  countersigned  by  the  chairman; 
and  if  he  wilfully  violates  this  provision,  he  may  be  punished  under  section  4796, 
R.  Li.,  or  called  to  an  accounting  in  a  civil  action.     (Young,  p.  203.) 

Under  section  1327,  R.  L.,  the  treasurer  must  submit  a  detailed  statement  of 
the  finances  of  the  district  to  board  three  days  before  the  annual  meeting; 
and  such  statement  should  be  examined  by  the  board  and,  when  complete,  should 
be  laid  before  the  annual  meeting  for  approval.  If  the  board  is  not  satisfied 
with  such  statement,  or  has  reason  to  believe  it  is  not  correct,  it  may  bring 
suit  upon  the  bond  of  the  treasurer  and  try  the  whole  matter  in  court.  (Young, 
p.   387.)       , 

The  law  does  not  provide  that  school  orders  presented  to  the  district  treas- 
urer and  indorsed  "Not  paid  for  want  of  funds,"  shall  be  paid  by  the  treasurer 
in  the  order  in  which  they  have  been  refused,  when  there  are  available  funds 
in  the  treasury  for  the  payment  of  such  orders,  but  it  is  suggested  that  that 
course  of  procedure  should  be  followed,  and  the  orders  redeemed  in  the  order 
in  which  they  have  been  presented  and  refused,  unless  there  is  some  good  reason 
for  contrary  action.      (Simpson,   May  19,   1909., 

A  school  district  treasurer  cannot  enter  into  a  contract  with  the  district  for 
the  transportation  of  children  to  and  from  school,  and  if  he  does  so  he  becomes 
liable  for  committing  a  gross  misdemeanor,  under  section  5032,  R.  L.  1905.  (Simp- 
son, September  15,  1909.) 

A  retiring  treasurer  should  deliver  canceled  warrants  together  with  other 
official  records  to  his  successor  in  office.     (Smith,  August  29,  1917.) 

104.  Bond  of  treasurer— Every  school  district  treasurer  shall  give  bond 
to  the  state  in  a  sum  equal  to  twice  the  amount  of  money  that  will  probably- 
come  into  his  hands  during  any  one  year  of  his  term,  to  be  approved  by 
the  board  and  filed  with  the  clerk,  conditioned  for  the  faithful  discharge 
of  his  official  duties.  The  chairman  and  clerk  may  at  any  time  require 
such  treasurer  to  give  a  new  bond,  and,  upon  his  failure  to  give  bond  as 
required  by  this  section,  they  may  declare  the  office  vacant,  and  appoint  a 
successor;  provided,  however,  that  if  the  said  bond  so  furnished  by  the 
treasurer  be  that  of  a  surety  company,  authorized  to  do  business  in  the 
State  of  Minnesota,  then  the  amount  of  such  bond  shall  be  equal  to  the 
amount  of  money  that  will  probably  come  into  his  hands  during  any  one 
year  of  his  term.     (2761) 

The  act  of  one  director  and  clerk  of  a  district  in  approving  the  treasurer's 
bond  is  one  requiring  the  exercise  of  judgement  and  discretion,  and  is  therefore 
a  judicial  act.      (72  M.  37.) 

The  statute  requiring  the  treasurer's  bond  to  be  in  double  the  amount  of 
money  that  shall  come  into  his  hands,  means  the  aggregate  amount  that  will 
come  into  his  hands,  and  not  the  probable  amount  that  will  be  in  his  hands  at 
any  one  time.     (72  M.  37.) 

The  bond  of  treasurer  should  be  in  a  sum  equal  to  twice  the  amount  of  money 

38 


that  will  probably  come  into  his  hands  during  any  one  year  of  his  term;  and  must 
be  approved  by  the  board  and  filed  with  the  clerk.  If  such  bond  be  one  furnished 
by  a  surety  company  authorized  to  do  business  in  the  state,  its  amount  shall  be 
equal  to  the  amount  of  money  wh'ch  will  probably  come  into  his  hands  during  any 
one  year  of  his  term.     (Smith,  July  30,   1914.) 

105.  Compensation  of  treasurer  in  common  district — The  treasurer  of 
such  district  may  receive  as  compensation  such  an  amount  as  shall  be 
determined  at  the  regular  school  meeting  of  the  district,  not  exceeding, 
however,  twenty-five  dollars  per  annum,  which  shall  be  allowed  only  after 
his  annual  report  shall  have  been  approved  by  the  board.     (2770) 

The  treasurer  of  a  school  district  cannot  receive  money  for  his  services 
unless  the  same  be  voted  to  him  at  the  annual  meeting  after  his  report  has  been 
audited  and  approved  by  the  board;  and  then  it  cannot  exceed  $25.00  per  year. 
(Smith,  July  30,  1914.) 

Action  at  annual  meeting  fixing  compensation  of  treasurer  for  the  preceding 
year  has  no  effect  upon  his  compensation  for  any  subsequent  year.  (Smith,  July  30, 
1914.) 

The  treasurer  is  not  entitled  as  a  matter  of  right,  to  2  per  cent  of  all  moneys 
handled  by  him  during  the  yeaf.     (Smith,  July  30,   1914.) 

Two  things  must  concur  in  order  that  a  treasurer  may  receive  his  compensa- 
tion, viz.:  approval  of  his  annual  report;  the  vote  of  the  annual  school  meeting 
fixing  his  compensation.      (Simpson,  July  20,   1910.) 

106.  Appointment  of  clerk  in  special  districts — The  board  of  education 
in  any  special  school  district  in  the  State  of  Minnesota  at  its  annual  meet- 
ing for  organization,  may,  at  its  option,  appoint  as  its  clerk  or  secretary  a 
person  not  a  member  of  such  board,  and  may  make  provision  for  his  com- 
pensation in  accordance  with  existing  law.     (2741) 

107.  Opinion  of  attorney  general — If  any  difference  of  opinion  arises 
between  school  officers,  or  any  doubt  as  to  the  proper  construction  of  any 
part  of  this  chapter,  or  as  to  their  powers  or  duties,  the  state  superintendent 
at  the  request  of  any  such  officer,  shall  submit  such  question  to  the  attorney 
general,  who  shall  give  his  written  opinion  thereon  to  such  superintendent 
and  such  opinion  shall  be  binding  until  annulled  or  overruled  by  a  court 
(2775)  •  pfejtip 

108.  School  officers  may  select  depository — The  officers  of  the  several 
common  and  independent  school  districts  in  this  state  may  in  their  discre- 
tion, select  and  designate  as  a  depository  or  depositories  for  school  district 
moneys,  any  national  or  state  bank,  or  banks,  for  a  period  not  exceeding 
three  years  on  the  execution  of  such  bank  or  banks,  of  a  sufficient  bond  to 
the  school  district  in  double  the  sum  deposited,  except  in  cases  where  the 
bond  furnished  is  that  of  a  surety  company  authorized  to  do  business  in  the 
State  of  Minnesota,  and  in  such  cases  the  amount  of  bond  shall  be  equal 
to  the  estimated  sum  to  be  deposited,  to  be  approved  by  the  board  and 
filed  in  the  office  of  the  county  auditor  of  the  county  where  in  said  school 
district  may  be  situated,  and  thereupon  may  require  the  treasurer  to 
deposit  all  or  any  part  of  the  school  district's  money  in  such  bank  or 
banks.  Such  designation  shall  be  in  writing  and  shall  set  forth  all  the 
terms  and  conditions  upon  which  the  deposits  are  made,  be  signed  by  the 
chairman  and  clerk  or  president  and  clerk,  as  the  case  may  be,  and  filed 
with  the  clerk.  That  thereupon  such  bank  or  banks  shall  become  a  legal 
depository  or  depositories  for  school  district  moneys  and  thereafter  the 
school  district  treasurer  shall  deposit  such  school  district  moneys  therein 
as  he  shall  be  required  from  time  to  time  to  deposit  by  such  school  district 
officers.     (2763) 

A  school  board  may  designate  more  than  one  bank  as  a  depository.  (Smith, 
Feb.    11,    1916.) 

109.  Treasurer  to  be  exempt  from  liability — The  school  district  treas- 
urer and  the  sureties  on  his  bond  shall  be  exempt  from  liability  to  the 
school  district  by  reason  of  the  loss  of  any  funds  of  such  school  district 
deposited  in  any  such  bank  or  banks  from  the  failure,  bankruptcy  or  other 

39 


acts  of  such   bank  or  banks  to  the  extent  and  amount  of  such  funds   in 
such  bank  or  banks  at  the  time  of  such  failure  or  bankruptcy.     (2764) 

If  a  school  board  has  properly  designated  a  bank  as  a  depository,  a  proper 
bond  having  been  furnished  and  accepted,  it  becomes  the  duty  of  the  treasurer 
to  deposit  the  funds  of  the  district  in  such  bank,  and,  faliing  to  do  so,  he  is  per- 
sonally responsible  for  such  funds,  and  if  they  are  lost  he  and  his  bondsmen  can 
be  held  therefor.  Action  in  mandamus  will  lie  to  compel  him  to  deposit  the  funds 
in   the  designated  depository.     (Simpson,  August  19,   1909.) 

110.  Interest  computed  monthly — All  interest  on  moneys  deposited,  as 
hereinbefore  provided,  shall  be  computed  on  monthly  balances,  and  become 
the  property  of  said  school  district.     (2765) 

111.  Officers  not  allowed  additional  compensation — No  additional  com- 
pensation or  fees  shall  be  paid  any  of  the  school  district  officers  by 
reason  of  any  of  the  provisions  of  this  act.     (2766) 

SCHOOL  BOARDS  IN  UNORGANIZED  TERRITORY. 

112.  School  boards  in  unorganized  territory— The  power  of  providing 
for  the  education  of  children  of  school  age  residing  in  any  unorganized  ter- 
ritory within  the  State  of  Minnesota  shall  be  vested  in  the  county  board  of 
education  for  unorganized  territory  of  the  county  where  such  unorganized 
territory  is  situated.     (Section  1,  chapter  328,  Laws  1921.) 

113.  Same;  county  board  how  constituted — The  chairman  of  the  board 
of  county  commissioners,  the  county  superintendent  of  schools,  and  the 
county  treasurer  shall,  ex-officio,  compose  the  county  board  of  education 
for  unorganized  territory  in  each  county  within  the  state.  (Section  2,  chap- 
ter 328,  Laws  1921.) 

114.  Same;  organization  of  board — The  chairman  of  the  county  board 
of  commissioners  shall  be  the  chairman  of  the  county  board  of  education; 
the  county  treasurer  shall  be  treasurer  of  said  board;  the  county  superin- 
tendent of  schools  shall  be  the  clerk  of  said  board  of  education.  The 
county  board  of  education  may  also  employ  such  clerical  and  stenographic 
and  supervisory  help  as  may  be  needed  who  shall  perform  such  other  ser- 
vices as  the  board  may  direct.     (Section  3,  chapter  328,  Laws  1921.) 

115.  Same;  compensation  of  board — For  their  services  performed  under 
the  provisions  of  this  act,  the  chairman  of  said  board  of  education  shall  be 
paid  three  dollars  ($3.00)  per  day  for  the  time  actually  employed  by  him 
as  such  chairman  and  ten  cents  (10c)  per  mile  for  distance  actually  trav- 
eled by  him  in  performance  of  his  said  duties,  not  exceeding  the  total  sum 
of  four  hundred  dollars  ($400)  in  any  one  year  for  such  mileage  and  per 
diem;  the  treasurer  of  said  board  shall  be  paid  one  per  cent  (1%)  and  the 
clerk  one  per  cent  (1%)  of  the  cash  disbursements  for  the  year,  but  only 
after  all  reports  required  by  law  have  been  made  in  conformity  thereto; 
provided,  that,  this  section  shall  not  apply  to  counties  having  a  population 
of  more  than  225,000.     (Section  4,  chapter  328,  Laws  1921.) 

116.  Same;  meetings  of  board — The  county  board  of  education  for  un- 
organized territory  shall  meet  once  each  month  at  the  county  seat  at  a 
time  to  be  fixed  by  the  board,  for  the  purpose  of  transacting  the  business 
of  said  board,  consider  petitions,  reports  from  teachers,  audit  and  pay  bills, 
etc.  The  board  may  also  hold  special  meetings  as  may  be  deemed  neces- 
sary.    (Section  5,  chapter  328,  Laws  1921.) 

117.  Same;  reports  of  clerk — It  shall  be  the  duty  of  the  county  superin- 
tendent as  clerk  of  the  county  board  of  education  to  make  reports  similar 
to  those  made  by  the  clerk  of  organized  districts.  (Section  6,  chapter  328, 
Laws  1921.) 

Annually  on  the  first  Tuesday  after  the  first  Monday  in  August,  the 
clerk  of  such  board  shall  make  a  full  and  accurate  statement  ot  the  re- 

40 


ceipts  and  disbursements  of  such  board  for  the  preceding  school  year, 
which  shall  contain  a  full  and  correct  description  of  each  item,  from  whom 
and  on  what  account  received,  to  whom  paid  and  on  what  account  expended, 
together  with  an  accurate  statement  of  the  finances  of  said  county  board 
of  education  at  the  end  of  such  year,  including  all  debts  and  liabilities  and 
the  assets  to  discharge  the  same,  and  within  thirty  days  thereafter  the  said 
county  board  of  education  shall  cause  the  same  to  be  published  once  in  a 
legal  newspaper  published  in  the  county;  which  paper,  in  counties  having 
over  one  hundred  thousand  population,  shall  be  a  daily  paper.  (Section  6, 
chapter  328,  Laws  1921.) 

118.  Same;  tax  levy  for  schools — 'The  said  board  of  education  shall, 
annually,  on  the  third  Saturday  of  July,  make  a  levy  on  all  property  situ- 
ated in  unorganized  territory  of  the  county  for  the  purpose  of  providing 
schools,  teachers,  transportation  of  pupils,  board  of  pupils,  textbooks,  ap- 
paratus, school  supplies,  etc.,  for  the  education  of  children,  residing  within 
such  territory.  This  tax  levy  shall  be  known  as  the  special  unorganized 
school  levy  and  it  shall  be  so  spread  on  the  tax  lists  by  the  county  auditor. 
(Section  7,  chapter  328,  Laws  1921.) 

119.  Same;  duty  of  board  to  furnish  school  facilities— <It  shall  be  the 
duty  of  the  said  board  to  furnish  school  facilities  to  every  child  of  school 
age  residing  in  any  part  of  said  unorganized  territory,  either  by  building 
school  houses,  leasing  school  room,  transporting  said  children  to  the  near- 
est school,  boarding  said  children  within  convenient  distance  from  a  school 
at  the  expense  of  said  board,  or  otherwise,  and  to  provide  necessary  sup- 
plies, text  and  library  books.     (Section  8,  chapter  328,  Laws  1921.) 

120.  Same;  general  powers  and  duties  of  board — When  not  otherwise 
provided  in  this  act  the  powers  and  duties  of  said  board  of  education  of 
unorganized  territory  shall  be  the  same  as  those  of  school  boards  and  an- 
nual meetings  of  independent  school  districts.  (Section  9,  chapter  328, 
Laws  1921.) 

121.  Same;  organization  of  school  district — When,  in  the  opinion  of 
the  said  board,  it  shall  appear  that  any  territory  enjoying  the  privileges  of 
unorganized  territory  should  be  organized  into  a  common  or  an  independ- 
ent school  distrct,  the  said  board  shall  notify  the  county  board,  which  shall 
cause  notice  of  hearing  thereon  to  be  given  and  otherwise  proceed  as  pro- 
vided by  law  for  organization  of  common  or  independent  school  districts. 
(Section  10,  chapter  328,  Laws  1921.) 

122.  Same;  organization  of  new  counties — Whenever  a  new  county  or 
counties  have  been  or  may  hereafter  be  created  and  organized  out  of  terri- 
tory embraced  within  the  boundaries  of  one  or  more  organized  counties  and 
in  which  there  is  unorganized  school  territory,  acting  under  the  provisions 
of  this  act  and  lying  partly  within  the  old  and  new  counties,  or  wholly 
within  the  new  county,  the  county  boards  of  education  of  the  old  and  new 
counties  shall  meet  upon  the  written  request  of  the  county  superintendent 
of  either  county  at  such  time  and  place  as  shall  be  designated  in  said  re- 
quest, which  said  request  shall  be  served  upon  each  member  of  each  county 
board  of  education  of  the  counties  affected  at  least  five  days  before  the 
time  of  such  meeting  and  make  a  division  of  all  the  moneys,  funds  and 
credits  belonging  to  such  unorganized  school  territory  as  the  same  existed 
prior  to  the  division  of  the  county  or  counties,  and  in  making  such  divi- 
sion, the  said  board  shall  take  into  consideration  the  indebtedness  of  said 
unorganized  school  territory  and  shall  make  such  division  as  they  deem 
just  and  equitable,  and  all  such  moneys,  funds,  credits  and  property  shall 
be  divided  and  apportioned  to  the  respective  unorganized  territory  in  the 
old  and  in  the  new  county  in  proportion  to  assessed  valuation  of  taxable 
property  in  such  unorganized  territory,  respectively,  in  such  old  ond  new 
county,  at  the  last  assessment  thereof.  (Section  11,  chapter  328,  Laws 
1921.)  ' 

41 


123.  Same;  procedure  in  division  of  funds — In  cases  provided  by  sec- 
tion 11  and  in  case  the  county  boards  of  education  of  the  old  and  new 
counties  shall  tail  to  meet  pursuant  to  the  notice  provided  in  section  11  of 
this  act,  the  county  superintendents  of  the  old  and  new  county  or  counties 
and  the  state  superintendent  of  public  instruction,  or  his  deputy,  shall  con- 
stitute a  board  of  apportionment,  and  upon  the  written  application  of  the 
county  board  Of  education  of  either  county  affected  shall  make  a  division 
of  all  the  moneys,  funds,  credits  and  property  as  provided  in  section  11 
of  this  act,  which  apportionment  shall  be  in  writing  and  verified  by  the 
state  superintendent,  of  public  instruction,  or  such  deputy,  and  by  at  least 
one  of  the  county  superintendents  of  the  counties  affected,  and  filed  in  the 
office  of  the  secretary  of  state,  and  shall  be  final  and  conclusive.  Within 
five  days  after  the  filing  of  said  apportionment  the  secretary  of  state  if 
apportionment  is  made  as  provided  in  this  section,  or  the  superintendent 
of  schools  of  each  county  if  such  apportionment  is  made  as  provided  by 
section  11  of  this  act,  shall  transmit  to  the  treasurer  of  the  counties  af- 
fected by  said  'apportionment  a  certified  copy  of  such  apportionment  and 
application,  if  any.     (Section  12,  chapter  328,  Laws  1921.) 

124.  Same;  division  of  county — duty  of  boards — The  county  boards  of 
education  and  the  county  officials  of  the  old  and  new  counties  shall  forth- 
with after  such  division  and  apportionment  proceed  to  fulfill  and  carry 
out  the  terms  thereof,  determined  or  herein  provided.  (Section  13,  chap- 
ter 328,  Laws  1921.) 

125.  Same;  dissolution  of  school  districts — petition — Any  common  or 
independent  school  district  in  any  county  may  be  dissolved,  annulled  and 
discontinued  by  the  county  board  of  commissioners  and  its  schools  shall 
be  cared  for  in  accordance  with  the  laws  governing  unorganized  territory. 
A  petition  requesting  the  taking  of  such  action  shall  be  presented  to  said 
county  board  of  commissioners  and  shall  contain  a  correct  description  of 
the  territory  included  in  said  district,  the  number  of  persons  residing 
therein,  the  total  assessed  valuation  of  all  property  within  said  district, 
and  request  that  such  district  be  dissolved,  annulled  and  discontinued. 
Such  petition  shall  be  signed  by  a  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  in  said  district  and  before  being  presented  to  the 
county  board  it  shall  be  approved  by  the  county  superintendent  of  schools 
if  such  petition  meets  with  his  approval.  (Section  14,  chapter  328,  Laws 
1921.)) 

126.  Same;  Dissolution  of  school  districts — time  for  hearing- -Upon 
the  presentation  of  such  petition  approved  as  aforesaid,  the  county  board 
shall  designate  a  time  for  hearing  the  same  and  notice  thereof  shall  be 
given  in  the  manner  provided  by  law  for  notice  in  the  case  of  the  forma- 
tion of  the  school  district.     (Section  15,  chapter  328,  Laws  1921.) 

127.  Same;  dissolution  of  school  districts — snpeal — At  such  hearings  the 
board  shall  act  in  a  manner  similar  to  the  action  provided  by  law  for  the 
formation  of  districts,  and  any  person  aggrieved  may  appeal  in  like  man- 
ner.    (Section  16,  chapter  328,  Laws  1921.) 

128.  Same;  dissolution  of  school  districts — delivery  of  records — If  said 
petition  is  granted  by  the  county  board,  then  said  school  district  shall 
from  that  time  cease  to  exist  and  all  the  territory  thereof  and  the  schools 
previously  conducted  by  it  shall  then  come  under  the  jurisdiction  of  the 
county  board  of  education  of  said  county,  and  shall  thereafter  be  managed 
by  said  county  board  of  education  in  the  same  manner  as  if  said  district 
had  never  been  organized.  And  it  shall  be  the  duty  of  the  officers  of  said 
vacated  school  district  to  forthwith  deliver  to  the  county  auditor  of  raid 
county  all  of  the  books  and  records  of  said  school  district,  and  to  the 
county  treasurer  all  of  the  money  and  school  funds  in  its  possession,  and 
said  county  treasurer  shall  forthwith  credit  all  such  moneys  and  school 
funds  to  the  account  of  the  county  board  of  education  of  such  county.    The 

42 


county  treasurer  shall  hereafter  credit  to  the  account  of  said  county  board 
of  education  all  moneys  and  school  funds  thereafter  collected  from  any 
previous  tax  levy  made  by  said  school  district,  except  such  moneys  and 
school  funds  as  are  derived  from  taxes  levied  for  the  purpose  of  paying 
the  bonds  or  interest  on  the  bonds  of  any  such  school  district.  (Section 
17,  chapter  328,  Laws  1921.) 

129.  Same;  dissolution  of  school  districts,  outstanding  obligations — 
All  incurred  and  outstanding  obligations  of  any  district  so  discontinued 
and  vacated  shall  be  and  remain  a  charge  upon  the  property  formerly 
within  said  district  to  the  same  effect  as  if  said  district  had  not  been  dis- 
continued, and  the  county  auditor  shall  each  year  levy  against  all  of  the 
taxable  property  within  the  limits  of  said  former  school  district  a  sufficient 
levy,  not  to  exceed  the  maximum  provided  by  law,  for  the  cancellation  and 
liquidation  of  such  outstanding  indebtedness,  such  levy  to  be  made  year 
after  year  until  said  entire  indebtedness  is  cancelled  and  extinguished. 
And  the  amount  levied  by  the  county  board  of  education  upon  all  taxable 
property  in  unorganized  territory  shall  be  levied  upon  the  property  within 
the  limits  of  said  former  school  district  in  addition  to  the  amount  so  levied 
by  said  auditor  and  in  the  same  proportion  that  is  levied  upon  the  taxable 
property  in  said  county  outside  of  organized  school  districts.  (Section  18, 
chapter  328,  Laws  1921.) 

130.  Same;  authority  to  sell  bonds — The  board  of  education  of  any  un- 
organized territory  in  the  state  is  hereby  authorized  and  fully  empowered 
by  unanimous  vote  of  such  board  to  issue  and  sell  bonds  of  such  unorgan- 
ized territory  for  the  purpose  of  providing  school  sites  and  school  build- 
ings, for  paying  any  judgment  lawfully  rendered  against  them  or  for  re- 
funding outstanding  bonds  or  floating  indebtedness,  in  such  amounts  and 
at  such  periods  as  the  board  may  decide;  said  bonds  to  be  payable  in  such 
amounts  and  at  such  times,  not  exceeding  twenty  years,  as  the  board  may 
determine,  with  interest  thereon  not  to  exceed  six  per  cent  (6%)  per  an- 
num, which  bonds  shall  be  signed  by  the  chairman  and  the  treasurer  of 
said  board  and  countersigned  by  the  clerk  thereof;  provided  that  the  total 
bonded  indebtedness  of  such  unorganized  territory  shall  at  no  time  exceed 
seven  and  one-half  per  cent  (7%%)  of  its  assessed  valuation.  Any  bonds 
issued  hereunder  shall  be  sold  conformably  to  the  pjovisions  of  section 
1856,  General  Statutes  1913.     (Section  19,  chapter  328,  Laws  1921.) 

131.  Same;  tax  levy  for  bonds — Every  county  board  of  education  for 
unorganized  territory  issuing  bonds  under  the  authority  of  this  act  is  hereby 
required  annually  to  levy  taxes  upon  all  the  taxable  property  in  such  unor- 
ganized territory  sufficient  to  pay  the  interest  on  such  bonds  and  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  principal  of  such  bonds  at  ma- 
turity.    (Section  20,  chapter  328,  Laws  1921.) 

132.  Same;  Repeals — All  laws  and  parts  of  laws  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed.  The  following  laws  and  parts  of 
laws  are  hereby  expressly  repealed,  to-wit:  Chapter  76,  Laws  1907;  chapter 
309,  Laws  1909;  chapter  500,  Laws  1909;  chapter  103,  Laws  1911;  chapter 
82,  Laws  1913;  chapter  255,  Laws  1919;  chapter  314,  Laws  1919;  sections 
2776  to  2794,  inclusive,  General  Statutes,  1913. 

This  act  shall  not  apply  to  any  county  or  counties  not  having  a  county 
board  of  education  as  provided  in  this  act.  (Sections  21  and  22,  chapter 
328,  Laws  1921.) 


DISTRICTS  OF  TEN  OR  MORE  TOWNSHIPS. 

133.  Trustees — How  elected— In  all  common  school  districts  In  Min- 
nesota embracing  or  containing  ten  or  more  townships,  the  trustees  and 
members  of  the  school  board  shall  be  elected  as  follows:     In  all  such  dls- 

43 


tricts  existing  at  the  date  of  the  passage  of  this  act,  the  trustees  and 
members  of  the  school  board  shall  continue  to  hold  their  respective  offices, 
as  follows:  The  chairman  until  August  1  following  the  next  biennial  gen- 
eral state  election;  the  treasurer  until  one  year  from  such  date,  and  the 
clerk  until  two  years  from  such  date.  If  said  terms  of  office  or  either 
of  them  so  existing  at  the  date  of  the  passage  of  this  act  shall  expire  prior 
to  said  dates,  that  is,  shall  expire  prior  to  August  1  following  the  next 
biennial  general  state  election,  and  one  year  from  said  date,  and  two  years 
from  said  date,  as  above  stated,  then  and  in  that  event  the  expiration  of 
such  terms  shall  constitute  a  vacancy,  and  such  vacancy  shall  be  filled  as 
provided  by  sections  1316  and  1317  of  said  Revised  Laws  of  1905,  as 
amended  hereby.  At  the  first  meeting  of  each  newly  created  or  organized 
district  hereafter  created  or  organized,  containing  ten  or  more  townships 
the  chairman  shall  be  elected  to  hold  office  until  August  1  following  the 
next  biennial  general  state  election,  the  treasurer  until  one  year  from  said 
date,  and  the  clerk  until  two  years  from  said  date.  At  the  first  biennial 
general  state  election  held  after  the  passage  of  this  act  in  common  school 
districts  embracing  or  containing  ten  or  more  townships,  and  at  the  first 
biennial  general  state  election  held  after  the  organization  of  each  new 
district  embracing  or  containing  ten  or  more  townships,  and  in  each 
biennial  general  state  election  thereafter,  there  shall  be  elected  two 
members  of  said  board,  such  members  being  elected  to  fill  the  offices  ex- 
piring respectively  August  1  after  such  election  and  one  year  from  August 
1  after  such  election,  the  term  of  office  of  one  to  commence  August  1  in 
the  year  following  his  election,  and  that  of  the  other  August  1  in 
the  second  year  following  his  election.  The  office  to  which  each  is  so 
elected  at  the  time  of  the  commencement  of  the  terms  of  each,  with  the 
length  or  term,  shall  be  stated  on  the  ballot.  For  the  purpose  of  carrying 
into  effect  this  act,  and  so  as  to  enable  the  electors  in  each  of  such  dis- 
tricts embracing  or  containing  ten  or  more  townships  to  elect  officers  at 
such  biennial  general  state  election,  the  general  election  laws  of  this  state 
including  the  primary  election  law,  shall,  so  far  as  possible,  be  applicable 
hereto,  and  the  candidates  for  said  offices  shall  file  for  nomination  and  be 
chosen  and  nominated  and  their  names  placed  upon  the  ballot,  under  and 
pursuant  to  the  provisions  of  said  general  election  law  and  the  primary 
election  law  in  this  state,  and  such  general  election  law  and  primary  elec- 
tion law  shall  be  made  applicable  hereto  and  carried  out  by  the  officers 
and  persons  having  the  performance  and  enforcement  thereof,  except  that 
a  separate  ballot  box  shall  be  used  and  voters  need  not  register.  The 
votes  shall  be  returned  and  canvassed  and  the  persons  elected  notified  in 
the  same  manner  as  in  the  election  of  county  officers.     (2718.) 

134.  Same;  powers  and  duties  as  independent  districts — The  school 
board  in  a  common  district  containing  ten,  or  more,  townships  shall  have 
and  exercise  all  powers,  and  be  subject  to  the  same  laws  and  regula- 
tions as  school  boards  in  independent  districts.     (2725) 

135.  Same;  publication  of  proceedings — In  all  school  districts  embrac- 
ing or  containing  ten  or  more  townships,  the  school  board  shall  publish 
in  a  legal  newspaper  in  the  district,  or  if  there  is  no  such  newspaper 
published  in  the  school  district,  in  a  legal  newspaper  published  in  the 
county,  to  be  designated  by  said  board  annually,  the  proceedings  of  such 
board  within  thirty  days  after  such  proceedings  are  had.     (2722) 

136.  Same;  meaning  of  "proceedings" — The  term  "proceedings"  as 
used  in  this  act  shall  include  a  statement  of  all  propositions  siibmitted  by 
motion  or  resolutions,  or  otherwise,  to  such  board,  including  the  number  of 
votes  for  and  against  all  reports  made  to  such  board,  and  its  action  thereon, 
and  in  abstract  of  all  claims  allowed,  giving  name  of  claimant  and  amount 
and  general  purpose  of  the  claim.     (2723) 

137.  Same;  public  examiner  to  make  annual  inspection-— The  state 
public  examiner  shall,  at  least  once  in  each  year,  make  examination  of  the 

44 


books  and  records  of  all  districts  affected  by  this  act,  and  the  school  district 
shall  pay  the  costs  and  expenses  of  making  such  examination.     (2724) 

138.  Same;  compensation  of  officers — In  all  common  school  districts 
composed  of  ten  or  more  townships  each  member  of  the  school  board  in 
such  districts  shall  receive  as  annual  compensation  for  his  services  as  c 
member  of  such  board  the  amounts  herein  stated,  to-wit: 

Two  hundred  dollars  ($200)  a  year  where  such  district  contains  thirty 
public  schools;  four  hundred  dollars  ($400)  a  year  where  such  district 
contains  thirty-one  public  schools  but  less  than  sixty-one;  six  hundred 
dollars  ($600)  a  year  where  such  district  contains  sixty-one  public  schools 
but  less  than  ninety-one;  eight  hundred  dollars  ($800)  a  year  where  such 
district  contains  ninety-one  public  schools  or  more:  provided,  that  in  such 
common  districts  containing  less  than  thirty  public  schools  and  in  which 
is  maintained  a  high  school,  the  annual  compensation  of  the  members  of 
the  school  board  shall  be  fixed  at  the  annual  school  meeting.     (2719) 

139.  Same;  compensation  for  expenses — In  addition  to  their  salaries, 
the  members  of  the  school  board  in  such  school  districts  shall  be  paid 
their  actual  and  necessary  traveling  expenses,  incurred  and  paid  by  each 
of  them  in  the  conduct  of  his  official  duties,  including  the  visitation  of 
•schools.  Such  expenses  shall  be  paid  upon  duly  itemized  and  verified 
vouchers  approved  by  the  board  and  filed  with  the  clerk  and  made  a  part 
of  the  official  records  of  the  school  board;  provided,  that  the  traveling  ex- 
penses incurred  by  the  members  of  the  school  board  in  any  such  district  in 
any  year  shall  be  limited  to  the  following  amounts,  as  hereinafter  pro- 
vided: One  hundred  and  fifty  dollars  ($150)  where  the  number  of  schools 
in  such  district  does  not  exceed  thirty;  three  hundred  dollars  ($300)  where 
the  number  of  schools  does  not  exceed  sixty;  four  hundred  and  fifty  dol- 
lars ($450)  where  the  number  of  schools  does  not  exceed  ninety;  and  five 
hundred  dollars  ($500)  where  the  number  of  schools  is  in  excess  of  ninety. 
Such  salaries  and  expenses  shall  be  paid  monthly  by  the  treasurer  of  such 
school  district  on  the  order  of  the  clerk,  countersigned  by  the  chairman. 
(2720) 

140.  Same;  tax  levy  to  be  made — A  levy  shall  be  made  in  such  com- 
mon school  districts  to  pay  the  salaries  and  expenses  of  the  members  of 
the  school  board  in  the  same  manner  as  is  now  provided  by  law  for  mak- 
ing levy  for  the  support  of  public  schools  in  common  school  districts  com- 
posed of  ten  or  more  townships.     (2721) 


CHAPTER    IV. 

DISTRICT   BONDS  AND   INDEBTEDNESS. 

141.  Bonds,  how  issued — The  trustees  or  board  of  education  of  any 
school  district  in  this  state,  whether  such  district  be  organized  by  or  under 
any  special  law  of  this  state,  or  otherwise,  are  hereby  authorized  and 
fully  empowered  to  issue  the  orders  or  bonds  of  their  respective  districts, 
with  coupons,  in  such  amounts  and  at  such  periods  as  they  may  be  directed 
by  a  vote  of  a  majority  in  favor  thereof  of  the  legal  voters  present  and 
voting  at  any  annual  meeting,  or  at  any  special  meeting,  called  for  the 
purpose,  of  the  district;  said  orders  or  bonds  to  be  payable  in  such  amounts 
and  at  such  times,  not  exceeding  fifteen  years,  as  the  legal  voters  thereof 
at  such  meeting  shall  determine,  with  interest  not  to  exceed  seven  per 
cent  per  annum;  which  orders  or  bonds  and  coupons  shall  be  signed  by  the 
directors  and  countersigned  by  the  clerk  of  said  district,  or  by  the  presi- 
dent of  [the]  board  of  education  and  the  clerk  of  the  board  of  education. 
(1968) 

A  majority   and   not   a   two-thirds   vote    is   necessary    to   carry    a   bonding   prop- 
osition.    (Smith,  August  31,  1916.) 

45 


School  bonds  issued  to  private  parties  must  be  payable  in  not  more  than  fifteen 
years.     (Smith,  Feb.  5,  1917.) 

Authority  given  to  issue  the  bonds  for  a  schoolhouse  implies  the  power  to  sell 
them.      (17   M.    412)      (Gil.  391.) 

The  minutes  of  a  meeting  upon  the  issuance  of  bonds  were  kept  by  the  secre- 
tary, and  the  next  day  he  transcribed  them  into  the  records.  In  such  case  the 
records,  and  not  the  minutes,  are  the  original;  and  such  records  is  the  evidence. 
(17  M.   412)    (Gil.   391.) 

Notice  of  special  meeting  to  vote  upon  the  issue  of  bonds  should  state  the 
hour  of  opening  and  closing  the  polls.     (Young,   April  24,   1908.) 

142.  Bonds,  for  what  purpose-When  the  governing  body  of  any 
municipality  shall  have  resolved  that  it  is  expedient  to  borrow  money 
for  one  or  more  of  the  purposes  herein  after  named  and  to  an  amount 
which  shall  not  increase  its  net  indebtedness  beyond  the  limit  fixed  by 
law,  and  a  proposal  so  to  do,  if  required  by  law,  shall  have  been  duly  sub- 
mitted to  and  approved  by  the  voters  thereof,  the  bonds  of  such  corpora- 
tion may  be  issued  and  sold,  conformably  to  the  provisions  of  this  chap- 
ter, to  the  amount  so  authorized,  as  follows:  *  *  *  4— School  districts— 
In  the  case  of  school  districts,  including  special  and  independent  districts, 
whether  lying  within  a  city  or  village  or  not,  for  the  purchase  of  sites  for 
school  houses,  and  for  defraying  the  expenses  incurred  or  to  be  incurred 
in  building,  rebuilding,  remodeling,  repairing  and  furnishing  school  houses, 
and  installing  heating,  ventilating  and  plumbing  plants  in  the  same,  and 
equipping  the  same  with  libraries,  apparatus  and  other  school  furniture.  5. 
Refunding — In  the  case  of  all  the  before  mentioned  municipal  corpora- 
tions, for  paying  any  judgment  lawfully  rendered  against  them,  or  for 
refunding  outstanding  bonds  or  floating  indebtedness.     (1855) 

Construing  sections  1855  and  1968  G.  S.  1913.  it  is  held  that  the  issuance  of 
bonds  must  be  initiated  by  the  school  board  and  that  a  resolution  declaring  the 
expediency  such  as  is  contemplated  in  section  1855  must  be  passed  before  a  vote 
of  the  district;  and  that  without  such  prior  resolution  a  vote  at  a  school  meeting 
to  issue  bonds  is  ineffective  and  does  not  authorize  the  board  to  issue  bonds. 
(139  M.  94.) 

143.  Loans  from  and  bonds  to  state — Whenever  any  municipality 
(school  district)  is  authorized  by  law  to  issue  its  bonds  and  borrow  money 
thereon,  the  same  may  be  issued,  negotiated,  sold  and  delivered  to  the 
State  of  Minnesota  by  conforming  hereto.     (1880) 

144.  Same;  proceedings — Whenever  any  municipality  (school  district) 
desires  to  issue  its  bonds  to  the  State  of  Minnesota  for  any  purpose  now, 
or  hereafter,  requiring  a  vote  of  the  electors,  the  governing  body  of  such 
municipality  (school  district)  may  adopt,  by  majority  vote,  a  resolution 
stating  that  it  is  expedient,  in  the  opinion  of  such  governing  body,  to  issue 
to  the  State  of  Minnesota  the  bonds  of  such  municipality  (school  district) 
for  the  purpose  or  purposes  therein  stated,  to.  the  amount  therein  men- 
tioned, to  mature,  to  bear  the  rate  of  interest,  and  to  be  of  the  number 
and  amount  therein  set  forth,  or  whenever  a  petition  is  filed  with  the 
clerk,  or  other  like  officer  of  such  municipality  (school  district),  signed 
by  ten  or  more  freeholders,  residents  therein,  stating  that  in  the  opinion 
of  such  persons  signing  the  same  it  is  expedient  to  issue  to  the  State  ot 
Minnesota  the  bonds  of  such  municipality  (school  district)  for  the  purpose 
or  purposes  therein  stated  and  to  the  amount  therein  mentioned,  said  clerk 
or  other  like  officer  shall  furnish  and  give  proper  notice  to  said  govern- 
ing body,  which  shall  meet  within  ten  days  after  such  notice,  and  if  the 
proposition  contained  in  said  petition  be  deemed  by  it  expedient  it  shall 
adopt  a  resolution  setting  out  the  same  facts  as  hereinbefore  provided  in 
case  the  initiative  for  such  bond  issue  to  the  state  is  taken  by  such  gov- 
erning body;  in  either  event  the  clerk  or  other  like  officer  of  such  munici- 
pality (school  district)  shall  submit  the  proposition  or  propositions  there- 
in contained  to  the  electors  thereof  at  a  special  meeting  to  be  held  there- 
in at  a  date  not  more  than  thirty  days  after  the  adoption  of  such  resolu- 
tion and  shall  give  notice  thereof  by  posting  in  three  or  more  public  places 
in  said  municipality    (school   district),   and   in   case  of  counties   the  same 

46 


notice  in  each. election  precinct  therein;  and  if  there  be  one  or  more  legal 
newspapers  in  said  municipality  (school  district),  by  publishing  twice  in 
not  less  than  one  such  newspaper  to  be  designated  by  the  said  clerk  or 
other  like  officer,  at  least  ten  days  before  such  election,  the  following 
notice.     (1881) 

Note. — As  to  form"  of  notice,  form  of  ballot  to  be  used,  conduct  of  election, 
canvass  and  return  of  vote,  necessary  blank  forms,  issue  of  bonds  and  applica- 
tion to  the  state  for  their  purchase,  see  chapter  122,  Laws  of  1907,  and  consult 
board  of  investments,  State  Capitol,  St.  Paul. 

Note. —  Whenever  a  school  district  is  otherwise  authorized  by  law  to  issue 
bonds,  it  may,  by  complying  with  the  provisions  of  chapter  122.  Laws  of  1907, 
issue  the  same  to  the  State  of  Minnesota  provided  they  do  not  run  for  less 
than  five  (5)  years  nor  more  than  twenty  (20)  years,  and  that  the  indebtedness 
thereby  created — together  with  all  other  indebtedness  of  such  district — does  not 
exceed  fifteen  (15)  per  cent  of  the  assessed  valuation  of  the  district.  (Chapter  8, 
1905;   chapter  122,   1907:   Simpson,  August  1.  1911.) 

A  petition  for  the  issuance  of  bonds  signed  by  the  number  required  by  the 
statute  is  not  rendered  invalid  by  the  additional  signatures  of  members  of  the 
board  who  were  not  personally  or  financially  interested  in  the  result.     (122  M.  60.) 

Where  different  structures  are  to  be  built  or  remodeled  the  vote  must  be  a 
separate  one  on  each  of  the  propositions.     (Smith,  March  15,  1916.) 

145.  Investment;  sinking  funds — The  treasurer  of  any  school  district 
in  the  state  is  authorized  to  invest  any  of  the  sinking  funds  in  his  hands 
belonging  to  such  school  district  in  bonds  of  the  State  of  Minnesota,  or 
of  any  other  state,  or  in  bonds  of  any  county,  school  district,  city,  town 
or  village  of  the  state  but  no  investment  shall  be  made  in  bonds  issued 
to  aid  in  the  construction  of  any  railroad;  provided,  however,  that  the  net 
return  of  any  such  investment,  taking  into  account  the  price  paid  for  the 
bonds,  the  date  when  the  same  shall  fall  due  and  the  rate  of  interest 
thereon,  shall  be  at  a  rate  not  less  than  3%  per  cent  per  annum  for  the 
whole  period  elapsing  before  the  maturity  thereof;  and  provided  further, 
that  any  such  investment  shall  be  made  only  after  the  same  has  been  duly 
authorized  at  a  general  or  special  meeting  of  the  board  of  directors  or 
trustees  of  such  school  district.  (1867) 

146.  Liability  of  treasurer — For  any  loss  occurring  by  reason  of  the 
depreciation  of  any  securities  purchased  under  the  provisions  of  this  act, 
or  by  reason  of  its  failure  to  pay  the  same,  or  any  part  thereof,  on  the 
part  of  the  public  body  or  corporation  issuing  the  same,  the  treasurer 
making  the  investment  and  the  surities  upon  his  official  bond  as  such 
shall  not  be  liable.  (1868) 


CHAPTER   V. 

ACTIONS,  JUDGMENTS,   PENALTIES. 

147.     Actions  by  districts — Any  school  board  may  prosecute  actions  in 
the  name  of  the  district  in  the  following  cases: 

1.  On  a  contract  made  with  the  district,  or  with  the  board  in  its  official 
capacity; 

2.  To  enforce  a  liability,  or  a  duty  enjoined  by  law,  in  its  favor  or  in 
favor  of  the  district; 

3.  To  recover  a  penalty   or  forfeiture  given   by  law   to   it  or  to  the 
district;  or 

4.  To  recover  damages  for  an  injury  to  the  rights  or  property  of  the 
district.  (2995) 

When  a  trustee  renders  himself  liable  to  a  penalty  though  the  cause  of  action 
for  the  penalty  Is  in  the  district,  the  action  may  be  brought  by  a  director  or  a 
freeholder  in  his  own  name.     (31  M.  227.) 

47 


148.  Actions  against  districts — An  action  may  be  brought  against  any 
school  district  which  has  contracted  an  indebtedness  shall  remove  or  re- 
in its  official  capacity,  and  within  the  scope  of  its  authority,  or  for  an  in- 
jury to  the  rights  of  the  plaintiff  arising  from  some  act  or  omission  of  such 
board,  whether  the  members  of  the  board  making  the  contract,  are  guilty 
of  the  act  or  omission  complained  of,  be  still  in  office  or  not.  (2996) 

Where  a  district  has  changed  its  name,  an  action  against  it  should  be  brought 
by  its  new  name.     (7  M.  203)  (Gil.  145.) 

A  judgement  entered  against  a  school  district  by  collusion  between  the  plain- 
tin!  and  one  of  the  trustees,  may  be  set  aside,  on  a  proper  application,  and  a  de- 
fense on  the  merits  interposed.     (45  M.  88.) 

Where  the  trustees  knowingly  neglected  to  defend  in  an  action  against  the 
district,  allowing  judgement  to  go  by  default,  the  court  may,  in  its  discretion, 
°Pen  such  judgement,  upon  application  made  immediately  after  change  of  trustees. 
(89  M.   477.) 

A  complaint  on  an  order  of  a  district  which  failed  to  allege  the  consideration 
ifor  the  order,  or  that  there  were  funds  applicable  to  its  payment,  held  good  as 
against  objections  raised  for  the  first  time  at  the  trail.     (91  M.  41.) 

149.  Action  when  trustees  resign,  etc. — In  case  the  trustees  of  any 
school  district  which  has  contracted  an  indebtedness  shall  remove  or  re- 
sign, and  none  are  elected  or  appointed  in  their  stead,  an  action  to  recover 
such  indebtedness  may  be  begun  by  service  of  the  summons  upon  the 
county  auditor,  and  any  taxpayer  of  the  district  may  defend  such  action  in 
its  behalf,  or  the  auditor  may  be  required  by  the  voters  of  the  district  to 
defend  the  same  upon  being  indemnified  against  the  costs  and  expenses  of 
such  defense.  (3000) 


JUDGMENTS. 

150.  How  paid  by  treasurer — Except  as  hereinafter  provided,  no  ex- 
ecution shall  issue  upon  any  judgment  against  a  school  district  for  the 
recovery  of  money.  Unless  the  same  be  stayed  by  appeal,  the  treasurer 
shall  pay  such  judgment  upon  presentation  of  a  certified  copy  thereof, 
if  he  has  sufficient  money  of  the  district  not  otherwise  appropriated.  If 
he  fails  to  do  so,  he  shall  be  personally  liable  for  the  amount,  unless  the 
collection  be  afterward  stayed.     (2997) 

A  judgement  against  a  district  can  be  paid  only  out  of  money  not  otherwise 
approp rated.     (43  M.  495.) 

The  treasurer  of  the  district  can  pay  a  judgement  against  the  trustees  only 
out  of  money  not  otherwise  appropriated.  He  has  no  authority  to  pay  it  out  of 
moneys  applicable  only  to  other  specific  purposes.     (43  M.  495.) 

151.  Same;  failure  to  pay — Tax  levy — If  such  judgment  i3  not  satis- 
fied, or  stayed  by  appeal  or  otherwise,  before  the  next  annual  meeting 
of  the  district,  a  certified  copy  thereof  may  be  presented  at  its  annual 
meeting,  whereupon  the  district  shall  cause  the  amount  of  the  judgment, 
with  interest  to  be  added  to  the  tax  of  said  district.  If  such  tax  is  not 
levied  and  certified  to  the  county  auditor  on  or  before  October  1st  next 
after  presentation  as  aforesaid,  a  certified  copy  thereof  may  be  filed  with 
such  auditor  at  any  time  before  he  has  extended  the  tax  of  such  district, 
with  an  affidavit  showing  the  amount  remaining  unpaid  thereon,  and  the 
fact  of  such  presentation  to  the  district.  Thereupon  the  auditor  shall  at 
once  levy  and  extend  such  amount  as  a  tax  upon  the  property  taxable  with- 
in the  district.     (2998) 

152.  Same;  when  execution  may  issue — it  the  judgment  is  not  paid 
within  thirty  days  after  the  time  when  the  proceeds  of  such  levy  become 
payable  by  the  county  treasurer  of  the  district,  execution  may  be  issued 
thereon,  to  which  any  property  belonging  to  the  district  shall  be  liable. 
(2999) 

153.  Same;  how  satisfied — If  judgment  is  recovered  in  any  such  action, 
the  auditor,  upon  a  certified  copy  thereof  being  filed  with  him,  shall  levy 

48 


and  extend  upon  and  against  the  property  taxable  within  the  district  an 
amount  sufficient  to  pay  the  same,  with  interest.  When  such  tax,  or  any 
part  thereof,  is  collected,  the  county  treasurer  shall  pay  the  same  to  the 
holder  of  the  judgment  until  it  is  saisfied  in  full.  And  for  this  purpose 
the  treasurer  may  use  any  money  coming  into  his  hands  from  taxes  levied 
prior  to  the  judgment  for  the  payment  of  the  state  indebtedness.     (3001) 


PENALTIES. 

154.  Excluding  or  expelling  pupils — Any  member  of  any  public  school 
board  or  board  of  education  of  any  district,  who  without  sufficient  cause, 
or  on  account  of  race,  color,  nationality  or  social  position  shall  vote  for, 
or  being  present,  shall  fail  to  vote  against,  the  exclusion,  expulsion,  or  sus- 
pension from  school  privileges  of  any  person  entitled  to  admission  to  the 
schools  of  such  district,  shall  forfeit  to  the  party  aggrieved  fifty  dollars 
for  each  offense,  to  be  recovered  in  a  civil  action.     (2900) 

A  school  board  has  no  authority  to  exclude  a  child  of  school  age  from  school 
during  any  portion  of  the  school  year,  and  such  child  is  entitled  to  admission 
whenever  the  minimum  age  is  reached,  whether  the  same  be  at  the  beginning  or 
during  any  part  of  the  ensuing  term  or  year.     (Simpson,  March  4,   1909.) 

The  fact  that  parents  pay  no  taxes  in  no  way  affects  the  right  of  their  child- 
ren to  attend  school,  nor  is  such  right  affected  by  the  manner  of  living  of  such 
parents,  and  while  it  is  not  incumbent  upon  local  school  districts  to  educate  child- 
ren of  Indian  parents  who  are  wards  of  the  government,  and  have  not  severed 
their  tribal  relations,  yet  an  Indian  who  has  become  a  citizen  of  the  state,  and  is 
a  voter,  occupies  a  different  position  and  the  children  of  such  person  would  be 
entitled  to  attend  school.      (Simpson,   September  8,   1909.) 

155.  Same;  failure  to  pay  teachers'  wages — Any  treasurer  who  uses 
money  applicable  for  teachers'  wages  for  any  other  purpose  shall  be  per- 
sonally liable  to  any  teacher  who  becomes  entitled  to  any  part  of  such 
fund  for  such  amount  to  be  recovered  in  a  civil  action  against  such  treas- 
urer and  the  sureties  on  his  official  bond.     (2762) 

156.  Same;  improper  classification  of  pupils — No  district  shall  classify 
its  pupils  with  reference  to  race,  color,  social  position,  or  nationality,  nor 
separate  its  pupils  into  different  schools  or  departments  upon  any  of  such 
grounds.  Any  district  so  classifying  or  separating  any  of  its  pupils,  or 
denying  school  privileges  to  any  of  its  pupils  upon  any  ground,  shall 
forfeit  its  share  in  all  apportioned  school  funds  for  any  apportionment 
period  in  which  such  classification,  separation,  or  exclusion  shall  occur  or 
continue.  The  state  superintendent,  upon  notice  to  the  offending  district, 
and  upon  proof  of  the  violation  of  the  provisions  of  this  section,  shall  with- 
hold in  the  semi-annual  apportionment  the  share  of  such  district,  and  the 
county  auditor  shall  thereupon  exclude  such  district  from  his  apportion- 
ment for  such  period.     (2901) 

157.  Same;  refusing  to  serve  on  school  board — Any  person  accepting 
an  election  or  appointment  upon  any  school  board,  and  refusing  or  neglect- 
ing to  qualify  or  to  serve,  or  to  perform  any  of  the  duties  of  such  office, 
shall  forfeit  for  each  offense  the  sum  of  ten  dollars,  to  be  collected  in 
an  action  before  a  justice  of  the  peace,  to  be  prosecuted  in  the  name  of 
the  district  by  its  director  or  other  proper  officer,  or  by  any  freeholder 
thereof.     (2902) 

Where,  at  a  regular  school  district  meeting,  it  is  voted  to  have  a  school  kept 
for  a  specified  time  and  sufficient  funds  nre  provided,  the  trustees  render  them- 
selves liable  to  the  penalty  imposed  by  this  scetion,  as  amended  by  Laws  1879, 
chapter  41,  by  neglecting,  without  excuse  to  provide  the  school  the  specified 
time.     (Soule  vs.  Thelander,  31  Minn.  227,  17  N.  W.  Rep.  373.) 

158.  Same;  failure  of  clerk  to  report — Any  clerk  of  a  school  district 
who  fails  to  make  any  report  required  of  him  by  law  shall  forfeit  nol  less 
than  five  dollars  nor  more  than  fifty  dollars  for  the  use  of  the  district. 
(2903) 

49 


Any  clerk  of  a  school  district  who  fails  to  make  any  report  required  by  law 
shall  forfeit  not  loss  than  $5.00  nor  more  than  $50.00  for  the  use  of  the  district. 
(Smith,  February  1,  1913.) 

159.  Same;  drawing  illegal  order -Any  school  district  clerk  who  shall 
illegally  draw  an  order  upon  the  treasurer,  any  chairman  or  other  officer 
who  shall  attest  such  order,  and  any  school  district  treasurer  who  shall 
knowingly  pay  the  same,  shall  each  forfeit  to  the  district  twice  the  amount 
of  such  order  to  be  collected  in  an  action  brought  in  the  name  of  the 
district  by  any  freeholder  thereof.     (2904) 

The  Issuance  of  an  order  by  a  school  clerk  for  the  payment  of  the  wages  of  a 
teacher  known  to  him  not  to  have  been  licensed  to  teach,  subjects  him  to  a 
penalty.     (31   M.  333.) 

I'nder  this  section  the  issuance  of  an  order  by  a  school  district  clerk,  drawn 
bv  him  upon  the  treasurer  for  the  payment  of  the  wages  of  a  teacher  '<nown  to 
him  not  to  have  been  licensed  to  teach,  and  paid  out  of  the  funds  appropriated 
for  teachers'  wages,  is  an  unlawful  diversion  of  public  school  funds  from  their 
legitimate  channel,  and  subjects  him  to  the  penalty  prescribed.  (School  District 
No.   10  vs.  Thelander,  31  Minn.   333,  17  N.  W.  Rep.   866.) 

160.  Same;  neglecting  to  keep  or  deliver  records — Anv  school  district 
clerk  who  shall  neg'ect  to  keep  the  books  and  records  of  his  office  in  the 
manner  prescribed  by  law,  or  shall  wilfully  refuse  to  deliver  such  books 
and  records  to  his  successor  in  office,  shall  forfeit  to  the  use  of  the  dis- 
trict the  sum  of  ten  dollars  for  each  offense.     (2905) 

161.  Same;  dealing  in  school  supplies — No  teacher,  nor  any  state, 
county,  town,  city,  or  district  school  officer,  shall  be  interested  -directly 
or  indirectly  in  the  sale,  proceeds,  or  profits  of  any  book,  apparatus,  or 
furniture  used  or  to  be  used  in  any  school  with  which  he  is  connected. 
Any  person  violating  any  of  the  provisions  of  this  section  shall  forfeit 
not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars  for  each 
such  offense.  <  But  this  section  shall  not  apply  to  a  teacher  who  may  have 
an  interest  in  the  sale  of  any  book  of  which  he  hirrrS'telf  is  the  author.     (2908) 

It  is  not  within  the  reason  of  the  statute  to  prohibit  a  person  who  chances 
to  be  an  officer  or  teacher  in  a  given  county  or  school  district  from  engaging  in 
the  sale  of  such  books  or  apparatus  elsewhere  than  in  his  county  or  district.  In- 
deed, it  is  obvious  that  th"  prohibition  in  terms  does  not  reach  sales  made  else- 
where.    (Childs,  April  27,  1896.) 

162.  Same;  failure  of  auditor  to  report — Any  county  auditor  who  shall 
fail  to  make  to  the  state  superintendent  of  public  instruction  any  report 
of  apportionment  required  by  law  shall  forfeit  for  the  benefit  of  the  school 
fund  of  the  county  the  sum  of  fifty  dollars.     (2906) 

163.  Same;  failure  of  county  superintendent  to  report — Any  county 
superintendent  who  shall  fail  to  report  to  the  county  auditor  the  abstract 
of  district  clerks'  and  teachers'  reports  reouired  bv  law.  or  to  make  his 
statistical  report  to  the  state  superintendent,  shall  forfeit  to  the  school 
fund  of  the  county  for  each  such  omission,  fifty  dollars,  to  be  deducted  from 
his  salary  by  the  county  board.     (2907) 

164.  S?me;  failure  of  officers  to  report  violations  of  law— Every  officer 
to  whom  reports  are  required  by  this  chapter  (compulsory  education  law) 
to  be  made,  and  for  the  failure  to  make  which  a  penalty  of  fine  or  for- 
feiture is  provided,  shall  give  immediate  written  notice  of  such  failure  to 
the  delinauent  and  to  the  proper  county  attorney.  Such  county  attorney 
shall  thereupon  institute  proper  proceedings  to  collect  such  penalty,  fine, 
or  forfeiture.  Upon  complaint  of  the  county  superintendent,  or  whenever 
it  comes  to  his  knowledge  that  any  school  officer  has  violated  any  pro- 
vision of  this  chapter,  for  which  violation  a  penalty,  fine,  or  forfeiture  is 
provided,  such  attorney  shall  institute  like  proceedings.     (2911)) 

School  officers  against  whom  charges  have  been  made  of  illegal  acts,  can 
•hold  respective  offices  until  removed  by  competent  authority.  (Simpson,  March 
i8,    1909.) 

Where,  at  the  annual  school  meeting,  it  was  determined  that  there  should  be 
six  months'  school,,  a  three  months*  term  beginning  the  first  Monday  in  October, 

50 


and  another  three  months'  term  beginning  the  first  Monday  in  February,  but  a 
majority  of  the  school  board,  disregarding  the  action  of  the  annual  meeting,  de- 
cided to  commence  the  second  term  on  the  second  Monday  in  January,  instead 
of  February,  the  two  members  of  the  board  voting  for  and  causing  such  change 
would  not  be  subject  to  a  fine  covering  the  extra  cost,  if  any,  of  the  January 
school   expenses.      (Simpson,   March  19,   1909.) 

165.  Same;  use  of  tobacco  by  minors  and  pupils — Every  person  under 
the  age  of  eighteen  years,  and  every  minor  pupil  in  any  school,  college,  or 
university,  who  shall  smoke  or  use  cigarettes,  cigars  or  tobacco  in  any 
form  on  any  public  road,  street,  alley,  park  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business,  shall  be  guilty  of  a  misde- 
meanor, and. punished  for  each  offense  by  a  fine  of  not  more  than  ten 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  more  than  five  days; 
and  every  person  who  shall  furnish  any  cigarettes,  cigars  or  tobacco  in 
any  form  to  any  such  minor  person  or  who  shall  permit  any  such  minor 
person  to  frequent  any  premises  owned,  held,  or  managed  by  him,  for  the 
purposes  of  indulging  in  the  use  of  cigarettes,  cigars,  or  tobacco  in  any 
form,  shall  be  guilty  of  a  misdemeanor,  and  punished  by  a  fine  of  not 
more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding thirty  days,  for  each  offense.     (8674) 

166.  Same;  injury  to  house  of  worship,  school  buildings  and  school 
property — Every  person  who  shall  wilfully  and  without  authority,  break, 
deface,  or  otherwise  injure  any  house  of  religious  worship,  or  any  part 
thereof,  or  any  appurtenances  thereto,  any  ornament,  musical  instrument, 
articles  of  silver  or  plated  ware,  or  other  chattels  kept  therein,  for  use 
in  connection  with  religious  worship,  or  who  shall  wilfully  break,  deface, 
or  otherwise  injure  any  school  house  or  appurtenances,  or  other  public 
building,  or  who  shall  wilfully  break,  deface,  or  injure  any  globe,  map 
or  chart,  or  any  other  article  kept  and  used  in  connection  with  such  school 
house  or  other  public  building,  shall  be  guilty  of  a  gross  misdemeanor,  and 
punished  as  follows: 

1.  If  the  value  of  the  property  broken,  defaced,  or  injured  is  thereby 
diminished  by  an  amount  less  than  one  hundred  dollars,  by  imprisonment 
for  not  more  than  ninety  days,  or  by  a  fine  of  not  more  than  one  hundred 
dollars,  or  by  both. 

2.  If  the  value  of  such  property  shall  be  diminished  more  than  one 
hundred  dollars,  by  imprisonment  for  not  less  than  six  months  nor  more 
than  two  years. 

In  addition  to  the  punishment  herein  prescribed,  he  shall  be  liable  in 
treble  damages  for  the  injury  done,  to  be  recovered  in  a  civil  action  by 
the  owner  of  the  property,  or  by  the  public  officer  having  charge  thereof. 
(8942) 

167.  Same;  introducing  or  having  liquors  on  school  house  grounds — 
Any  person  who  shall  introduce  upon,  or  have  in  his  possession  upon,  or 
in  any  school  ground,  or  any  school  house  or  school  building  any  spiiiuous 
or  malt  liquors,  except  for  experiments  in  laboratories,  shall  be  guilty  of 
a  misdemeanor,  the  minimum  punishment  whereof  shall  be  a  fine  of  twenty- 
five  dollars  ($25)  or  imprisonment  for  ten  (10)  days,  in  the  county  jail. 
(8679) 

168.  Same;  use  of  common  drinking  cup  in  public  places — In  order  to 
prevent  the  spread  of  communicable  diseases,  the  use  of  common  drinking 
cups  in  public  places,  public  conveyances  and  public  buildings  is  hereby  pro- 
hibited.    (8790) 

169.  Violation  of  a  misdemeanor — Whoever  violates  Hie  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  be  liable  to  a  fine  not  ex- 
ceeding twenty-five  dollars  ($25)  for  each  offense.     (879m 

§1 


CHAPTER    VI. 

170.  Public  schools — Tuition  free — Age  of  pupils — All  schools  sup- 
ported in  whole  or  in  part  by  state  school  funds  shall  be  styled  public 
schools  and  admission  to  and  tuition  therein  shall  be  free  to  all  persons 
between  the  ages  of  five  and  twenty-one  years,  in  the  district  in  which 
such  pupil  resides.  Provided,  that  the  school  board  of  any  district  may, 
by  resolution,  exclude  all  children  under  six  years  of  age,  and  may  also 
adopt  rules  and  regulations  for  the  admission  of  children  who  become  six 
years  of  age  during  the  school  year  after  the  commencement  thereof.  (Sec. 
2670  G-  S.  1913  as  amended  by  chapter  61,  Laws  1921.) 

A  school  board  has  no  power  to  exclude  a  pupil  who  uses  tobacco  from  the 
public  school.  The  use  of  tobacco  by  students  is  not  wholly  prohibited  by  the 
statutes.     (Young,  p.   20(6.) 

Those  entitled  to  admission  to  the  public  schools  are  (1)  the  children  of  the 
actual  residents  in  the  district;  and  (2)  all  other  persons  between  the  ages  of 
five  and  twenty-one  who  may  be  in  go<5d  faith  living  in  the  district.  If  the 
parents  are  in  good  faith  living  in  the  district,  although  temporarily,  the  children 
would  be  entitled  to  admission  to  the  school.  (Wilson,  p.  396.)  (See,  also,  para- 
graph 31,  1897,  chapter  252.) 

Whether  a  minor  whose  parents  reside  in  another  part  of  the  state  has  a  right 
to  attend  school  in  your  district  depends  upon  whether  said  minor  is  a  resident 
of  your  district.     (Colville,  p.  235.) 

Residence  acquired  by  students  in  attendance  upon  any  seminary  of  learning, 
or  by  inmates  of  any  charitable  institution,  or  of  a  public  prison  for  reformation 
or  punishment,  is  not  of  such  character  as  to  give  the  right  to  attend  the  dis- 
trict school  of  the  place  or  to  be  enrolled  for  apportionment  in  such  district.  (Cor- 
nell, p.  257.) 

While  a  parent  could  not,  for  the  colorable  purpose  of  evading  the  law,  send 
his  children  to  board  in  another  district  for  the  mere  object  of  attending  school, 
I  entertain  no  doubt  that  a  scholar  actually  and  in  good  faith  domiciled  in  the 
district  would  be  entitled  to  the  benefits  of  the  school  without  regard  to  the  resi- 
dence of  his  parents.     (Cole,  p.   106.) 

The  right  to  free  tuition  depends  upon  the  residence  of  the  pupil  claiming 
it  without  regard  to  the  residence  of  his  parents.  If  a  child  comes  into  a  district 
for  the  mere  purpose  of  attending  school,  the  board,  in  its  discretion,  may  charge 
tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who  actually  re- 
sides in  a  district  is  entitled  to  school  privileges  without  charge. 

"What  are  the  relative  powers  and  duties  of  trustees  and  teachers  in  refer- 
ence to  the  discipline  and  management  of  schools?" 

For  insurbordination,  immorality,  or  infectious  disease,  the  board  may  expel 
any  scholar.  It  is  made  the  duty  of  each  member  of  the  board  at  least  once  in 
each  term  to  visit  the  schools  and  give  such  advice  to  the  teacher  as  may  be 
for  the  benefit  of  the  schools,  and  they  are  intrusted  with  the  general  charge  of 
the  interests  of  the  schools  and  schoolhouses  in  their  district,  and  are  especially 
authorized  to  employ  teachers  having  the  requisite  certificate  of  qualification. 
These  are  the  principal  provisions  bearing  upon  the  question  under  consideration, 
and  they  seem  to  leave  no  doubt  that  with  the  single  exception  of  the  power  of 
expulsion  for  the  causes  specified  in  the  statute,  the  authority  of  the  trustees 
over  the  interior  management  of  the  schools  is  solely  advisory  in  it  character. 
The  responsibility  for  the  correct  government  and  discipline  of  the  school,  as  well 
as  the  adoption  of  such  methods  of  teaching  as  seem  best  calculated  to  promote 
the  advancement  of  the  scholars  in  their  several  branches  of  study,  rests  solely 
with  the  teacher.  Of  course  there  ought  and  always  will  be  a  mutual  inter- 
change of  views,  and  a  cordial  co-operation  between  teachers  and  trustees  in  all 
these  matters,  whenever  a  regard  is  had  to  the  important  interest  intrusted  to 
their  charge.      (Cornell,  p.   265.) 

There  is  no  doubt  of  the  right  of  the  parent  to  send  his  children  into  any 
district  he  may  select  so  long  as  he  is  willing  to  assume  the  extra  burden  there- 
by imposed  upon  him.     (Clapp,  May  3,  1888.) 

Corporal  Punishment. — To  use  .  .  .  force  or  violence  upon  .  .  .  the 
person  of  another  is  not  unlawful  .  .  .  when  committed  by  a  ...  teach- 
er, in  the  exercise  of  a  lawful  authority  to  restrain  or  correct  his  .  .  . 
scholar,  and  the  force  or  viilence  used  is  reasonable  in  manner  and  moderate  in 
degree. 

The  mere  designation  of  tuition  charge  as  "book  rent"  when  in  fact  it  is  a 
tuition  charge,  will  not  in  any  way  affect  the  law  or  warrant  the  drawing  of 
apportionment   for  pupils   paying   such    "book   rent."      (Simpson,   March   8,    1909.) 

The  maintanence  of  public  schools  is  a  matter,  not  of  local,  but  of  state  con- 
cern; and  under  the  constitution  it  is  mandatory  upon  the  legislature  to  exercise 
its  power  of  providing  for  the  establishment  and  maintenance  of  such  schools  by 
taxation  and  otherwise.     (122  M.  254.) 

171.  Classes  of  schools — (1)   Graded  elementary  schools,   (2)  ungraded 

52 


elementary  schools,  (3)  four  year  high  schools,  (4)  high  school  depart- 
ments, (5)  junior  high  schools,  (6)  senior  high  schools  and  (7)  consoli- 
dated schools. 

172.  Definitions — (1)  A  graded  elementary  school  shall  be  a  school 
giving  instruction  in  at  least  the  first  six  years  of  the  elementary  course 
and  employing  at  least  four  teachers,  one  of  whom  shall  be  designated  as 
principal. 

(2)  An  ungraded  elementary  school  shall  be  a  school  giving  instruc- 
tion in  the  elementary  course  and  employing  one  or  more  teachers,  but  not 
having  the  rank  of  a  graded  elementary  school. 

(3)  A  four-year  high  school  shall  be  a  school  giving  one  or  more  four- 
year  courses  beyond  the  eight-year  elementary  course.  It  shall  be  located 
in  a  school  district  which  maintains  a  graded  elementary  school  and  which 
shall  employ  a  superintendent,  a  high  school  principal  and  one  or  more 
high  school  teachers. 

(4)  A  high  school  department  shall  be  a  school  giving  instruction  in 
at  least  the  first  two  years  beyond  ti.e  eight-year  elementary  course.  It 
shall  be  located  in  a  school  district  which  maintains  a  graded  elementary 
school  and  shall  employ  a  principal  and  one  or  more  high  school  teachers. 

(5)  A  junior  high  school  shall  be  a  school  having  a  separate  organiza- 
tion and  employing  a  principal  and  two  or  more  teachers  giving  instruction 
in  the  seventh,  eighth  and  ninth  years  of  the  twelve-year  public  school 
course.  It  shall  be  located  in  a  school  district  which  also  maintains  a  six- 
year  elementary  course. 

(6)  A  senior  high  school  shall  be  a  school  having  a  separate  organiza- 
tion and  employing  a  principal  and  two  or  more  high  school  teachers  giv- 
ing instruction  in  the  tenth,  eleventh  and  twelfth  years  of  the  twelve-year 
public  school  course.  It  shall  be  located  in  a  school  district  which  also 
maintains  a  graded  elementary  school  of  six  years  and  a  junior  high  school 
and  which  employs  a  superintendent  for  the  entire  system  of  public  schools 
in  such  school  district. 

(7)  A  consolidated  school  shall  be  any  school  located  in  a  school  dis- 
trict organized  by  law  as  a  consolidated  school  district.  Such  consolidated 
schools  shall  also  be  classified  under  one  of  the  six  preceding  headings 
of  this  section.     (Section  5,  chapter  467,  Laws  1921.) 

173.  General  control  of  schools— ^The  teacher  shall  have  the  general 
control  and  government  of  the  school.  W.hen  more  than  one  teacher  is 
employed  in  any  district,  one  of  the  teachers  may  be  designated  by  the 
board  as  principal  and  shall  have  the  general  control  and  supervision  of 
the  schools  of  the  district,  subject  to  the  general  supervisory  control  of  the 
board  and  other  officers.     (2795) 

A  superintendent  cannot  prevent  pupils  holding  dances  outside  the  schoolhouse 
and  grounds  and  not  during1  school  hours.     (Smith,  Nov.  17,  1916.) 

A  superintendent  or  principal  may  discipline  pupils  for  offenses  committed  out 
of  school  hours  and  off  school  grounds,  which  have  a  tendancy  to  influence  the 
conduct  of  other  pupils  while  in  the  school  room,  to  set  at  naught  the  proper  dis- 
cipline of  the  school,  to  impair  the  authority  of  the  teachers  and  to  bring  them  into 
ridicule  and  contempt.      (Hilton,  April  11,   1919.) 

174.  Length  of  school — The  schools  shall  be  maintained  not  less  than 
five  nor  more  than  ten  months,  but  this  provision  shall  not  apply  to  night 
schools  or  kindergartens.  The  school  month  shall  consist  of  four  weeks. 
Every  Saturday  shall  be  a  school  holiday,  and  all  legal  holidays  shall  be 
counted  as  a  part  of  the  school  week.     (2796) 

175  Displaying  of  United  States  flag  at  various  schools— There  shall 
be   displayed   at   every   public   school    in   Minnesota,   when    in    session,   an 

53 


appropriate  United  States  flag.  Such  display  shall  be  upon  the  school 
grounds  or  outside  the  school  building,  upon  a  proper  staff,  on  every  legal 
holiday,  occurring  while  the  school  is  in  session  and  at  such  other  times 
as  the  respective  boards  of  such  school  districts  may  direct  and  within 
the  principal  room  of  such  school  building  at  all  other  times  while  the 
same  is  in  session.     (Section  1,  chapter  313,  Laws  1917.) 

176.  School  boards  to  provide  flags  and  staffs — It  shall  be  the  duty  of 
every  school  board  and  board  of  education  to  provide  s>'ch  flaa:  for  each  ot 
the  school  buildings  of  their  respective  districts,  together  with  a  suitable 
staff  for  the  display  thereof  outside  of  such  school  building  and  proper  ar- 
rangement for  the  display  thereof  within  such  building  and  a  suitable  recep- 
tacle for  the  safe-keeping  of  such  flag  when  not  in  use,  as  by  this  act 
directed,  at  all  times.     (Section  2,  chapter  313,  Laws  1917.) 

177.  Holidays— The  word  "holiday"  shall  include  New  Year's  Day,  Jan- 
uary 1st;  Lincoln's  Birthday,  February  12th;  Washington's  Birthday,  Feb- 
ruary 22d;  Memorial  Day,  May  30th;  Independence  Day,  July  4th;  Labor 
Day,  first  Monday  in  September;  election  day,  the  first  Tuesday  after  the 
first  Monday  in  November  of  the  even  numbered  years:  Christmas  Day, 
December  25th;  and  the  Friday  next  preceding  Easter  Sunday  and  com- 
monly known  as  Good  Friday,  and  Armistice  Day,  November  11th.  No 
public  business  shall  be  transacted  on  those  days  except  in  cases  of  neces- 
sity, nor  shall  any  civil  process  be  served  thereon.     (9412-6) 

Legal  holidays  are  school  holidays  also.     (Young,  Feb.,  1907.) 

178.  Instruction  in  public  schools — The  books  used  and  the  instruc- 
tion given  in  public  schools  shall  be  in  the  English  language,  but  any  other 
language  may  be  used  by  teachers  in  explaining  to  pupils  who  understand 
such  language  the  meaning  of  English  words;  and  in  high  and  graded 
schools  other  languages  may  be  taught.  When  made  part  of  a  regular  or 
optional  course  of  study.  Instruction  may  also  be  given  in  such  languages 
in  common  schools,  not  to  exceed  one  hour  in  each  day,  by  unanimous  vote 
of  the  trustees.     (2797) 

If  unanimously  authorized  by  the  board,  under  no  other  circumstances  a 
foreign  language  may  be  taught  for  not  more  than  one  hour  in  any  school  day 
as  a  part  of  the  instruction  in  a  public  school.  If  a  teacher  violates  this  law, 
she  violates  her  contract  and  is  not  entitled  to  compensation  out  of  the  treasury; 
and  may  be  compelled  by  legal  proceedings  to  obey  the  law.     (Young,  p.  184.) 

"Are  trustees  reouired  by  law  to  cause  schools  to  be  taught  in  the  English 
language?"  The  school  Ipws  prescribe  those  branches  of  study  which  are  to  be 
taught  in  our  common  schools.  The  languages  are  not  included.  That  those 
branches  are  to  be  taught  in  the  English  language  it  requires  no  argument  to 
prove.  The  government  has  yet  to  exist  which  will  expend  the  contents  of  its 
treasury  to  the  neglect  of  its  own  language  in  educating  its  citizens  in  the 
language  of -a  forieern  country  whose  institutions  and  laws  are  at  variance  with 
its  own.     (Cole,  p.   76.) 

Proviso  First. — A  school  in  which  the  instruction  is  given  in  foreign  languages 
cannot  be  regarded  as  in  any  sense  a  public  school;  no  taxes  can  be  legally  levied 
for  the  support  of  such  a  school  and  it  is  the  duty  of  the  county  superintend- 
ent to  see  to  it  that  such  a  school  receive  no  part  of  the  apportionment  of  the 
public    money. 

179.  Instruction  in  morals,  etc — The  teachers  in  all  public  schools 
shall  give  instruction  in  morals,  in  phvsiology  and  hygiene,  and  in  the  ef- 
fects of  narcotics  and  stimulants.     (2835) 

You  inquire  whether  it  is  lawful  to  open  a  public  school  with  a  recital  of  the 
Lord's  praver.  The  aupst'on  involves  a  constrution  of  section  16  of  article  T 
of  the  constitution,  wherein  it  is,  amongst  other  things  provided-  "Nor  shall 
any  man  be  compelled  to  attend,  erect,  or  support  any  place  of  worship."  *  *  * 
No  d'stinet'on  can.  in  principle,  be  drawn,  between  the  opening  or  school  with 
praver,  or  the  reading  of  the  Scriptures,  so  far  as  the  question  pertains  to  the 
violation  of  the  provision  above  named.  *  *  *  In  view  of  the  decision  by  the 
supreme  court,  you  are  advised  that  the  practice,  however,  frequently  tolerated 
or  indulged  in,  is  violative  of  the  constitution.     (Childs,  December  10,  1895.) 

In  the  case  of  Rasnick  vs.  District  No.  60,  Stearns  County,  April  24,  1897,  in 
the   district   court,    it   was   held   that  a   public   schoolhouse   cannot   be   used,   either 

54 


in  or  out  of  school  hours,  for  the  purpose  of  giving  any  religious  instruction,  or 
the  conducting  of  any  religious  exercises  therein,  which  are  peculiar  to  the  dis- 
tinctive teachings,  practices,  doctrines,  creed,  tenets,  or  beliefs  of  any  religious 
faith,  church,  or  denomination,  particularly  from  using  or  allowing  the  school 
house  to  be  used  for  the  same,  of  any  of  the  prayers  or  the  teachings  of  the 
cathecism,   or   the   conducting  of  any  of  the   religious  exercises  mentioned   herein. 

180.  Patriotic  exercises  in  all  public  schools — In  all  of  the  common, 
graded  and  high  schools  of  this  state  it  shall  be  the  duty  of  the  superin- 
tendent or  teachers  in  charge  of  such  schools  to  teach  and  require  the 
teaching  therein,  on  at  least  one  day  out  of  each  week,  of  subjects  and 
exercises  tending  and  calculated  to  encourage  and  inculcate  a  spirit  of 
patriotism  in  the  pupils  and  students.  Such  exercises  shall  consist  of  the 
singing  of  patriotic  songs,  readings  from  American  history  and  from  the 
biographies  of  American  statesmen  and  patriots  and  such  other  patriotic 
exercises  as  the  superintendent  or  teachers  of  such  schools  may  determine. 
The  time  to  be  spent  thereon  on  each  of  said  days  shall  not  exceed  one- 
half  hour.     (Chapter  108,  Laws  1917.) 

181.  Frances  Willard  Day — The  twenty-eighth  day  of  September  in  each 
year  is,  set  apart  and  designated  as  Frances  Willard  Day.  In  any  year  when 
the  28th  day  of  September  shall  fall  upon  a  day  which  is  not  a  school  day, 
the  first  school  day  following  such  date  shall  be  Frances  Willard  Day,  in- 
stead of  the  twenty-eighth  day  of  September.  On  Fiances  Willard  Day, 
approximately  one  and  one-half  hours  may  be  devoted  in  the  schools  of  this 
state  for  instruction  and  appropiate  exercises  relative  to  the  life  of  Frances 
Willard  and  to  the  principles  and  ideals  she  fostered.  (Chapter  414,  Laws 
1921.) 

182.  Deaf  children,  instruction  for,  how  provided — Upon  application  of 
any  special,  independent  or  common  school  district,  complying  with  the 
provisions  of  this  act,  made  to  the  state  superintendent  of  education,  he 
may  grant  permission  to  such  district  to  establish  and  maintain  within 
its  limits  one  or  more  schools  for  the  instruction  of  deaf  children  who  are 
residents  of  the  state. 

Any  school  district  which  shall  maintain  one  or  more  such  schools, 
shall  through  its  clerk  or  secretary  report  to  the  state  superintendent 
of  education  annually,  or  oftener  if  he  so  direct,  such  facts  relative  to  such 
school  or  schools  as  he  may  require. 

The  courses  and  methods  of  instruction  must  comply  with  such  re- 
quirements as  may  be  outlined  by  the  state  superintendent  of  education. 
All  schools  for  deaf  children  established  under  this  act  shall  be  conducted 
by  the  combined  system  which  includes  the  oral,  the  aural,  the  manual  and 
every  method  known  to  this  profession;  and  the  courses  and  methods  of 
instruction  shall  be  substantially  equal  or  equivalent  in  efficiency  to  the 
course  and  methods  of  instruction  established  and  employed  in  the  state 
school  of  the  deaf  at  Faribault,  Minnesota.  The  state  superintendent  of 
education  may  designate  any  member  of  his  staff  as  an  inspector  to  visit 
and  note  the  progress  of  the  schools  provided  for  in  this  act. 

Permission  to  establish  such  special  classes  may  be  granted  to  dis- 
tricts which  have  an  actual  attendance  of  not  less  than  five  deaf  children, 
over  four  and  not  exceeding  sixteen  years  of  age  who  may  come  under 
the  provisions  of  this  act.  Blind  children,  defective  speech  children  ami 
mentally  subnormal  children  are  not  to  be  admitted  to  the  same  Class  with 
deaf  children  but  must  each  have  separate  classes  and  separate  teachers. 

There  shall  be  paid  out  of  the  current  school  fund  in  die  state  treasury 
annually  in  the  month  of  July,  to  the  treasurer  of  the  school  district  hoard, 
or  of  the  board"  of  education,  in  the  school  district  maintaining  such 
school  or  schools  under  the  charge  of  one  or  more  teachers,  whose  appoint- 
ment and  qualifications  shall  be  approved  by  the  state  superintendent  of 
education,  the  sum  of  one  hundred  and   fitly    ($150)   dollars   tor  each   deaf 

55 


child  instructed  in  such  school  or  schools  having  an  annual  session  of  at 
least  nine  months  during  the  year  preceding  the  first  day  of  July. 

It  shall  be  the  duty  of  the  treasurer  of  the  school  district  or  of  the 
board  of  education  receiving  the  aid  provided  for  in  this  section,  to  render 
annually  to  the  state  superintendent  of  education  an  itemized  statement 
of  all  expenditures  of  said  school  or  schools.  Any  surplus  at  the  end  of 
the  year  shall  be  reserved  as  a  special  fund  for  the  education  of  the  deaf 
children  of  that  district  and  can  be  used  for  no  other  purpose. 

(Sec.  1,  c.  194,  Laws  1915,  as  amended  by  c.  218,  Laws  1919.) 

183.  Blind  children,  instruction  for,  how  provided — Upon  application 
made  to  the  state  superintendent  of  education  by  any  special,  independent 
or  common  school  district,  complying  with  the  provisions  of  this  act,  said 
superintendent  may  grant  permission  to  such  district  to  establish  and 
maintain  within  its  limits  one  or  more  classes  for  the  instruction  of  blind 
children  who  are  residents  of  the  state. 

Any   school   district   which   shall   maintain  one   or   more   such    classes 

shall,  through  its  clerk  or  secretary,  report  to  the  state  superintendent  of 

education  annually,  or  oftener  if  he  so  direct,  such  facts  relative  to  such 
class  or  classes  as  he  may  require. 

The  courses,  methods  of  instruction  and  supervision,  the  conditions 
under  which  teachers  are  employed  and  the  equipment  must  comply  with 
such  requirements  as  may  be  prescribed  by  the  state  superintendent  of 
education.  Teachers  in  such  classes  shall  be  appointed  as  are  other  public 
school  teachers.  They  shall  possess  the  usual  qualifications  required  of 
teachers  in  the  public  schools,  and  in  addition  thereto  such  special  training 
as  the  board  of  education  or  state  superintendent  may  require. 

Permission  to  establish  such  special  classes  shall  be  granted  to  afore- 
said districts  which  have  an  actual  attendance  of  not  less  than  five  blind 
children  of  school  age,  who  may  come  under  the  provisions  of  this  act; 
provided,  however,  that  nothing  in  this  act  shall  be  construed  as  prevent- 
ing parents  of  any  such  children  from  sending  their  children  to  state 
school  for  blind,  if  they  so  elect. 

For  the  purposes  of  this  act,  any  person  of  sound  mind  who,  by  reason 
of  defective  sight,  cannot  profitably  or  safely  be  educated  in  the  public 
schools  as  other  children,  shall  be  considered  blind,  and,  after  the  estab- 
lishment of  such  classes  by  any  school  district,  the  compulsory  school  laws 
of  this  state  shall  be  deemed  to  apply  to  such  children  under  the  age  of 
sixteen  years. 

There  shall  be  paid  out  of  the  current  school  fund,  in  the  state  treas- 
ury annually  in  the  month  of  July,  to  the  treasurer  of  the  school  district 
board  or  the  board  of  education,  in  the  school  district  maintaining  such 
class  or  classes,  the  sum  of  three  hundred  ($300)  dollars  for  necessary 
school  expense  on  account  of  each  blind  child  instructed  in  such  class  or 
classes,  having  an  annual  session  of  at  least  nine  months  during  the  year 
preceding  the  first  day  of  July,  providing  such  child  has  been  in  attend- 
ance the  full  nine  months  or  a  proportionate  amount  for  such  time  as  they 
have  attended. 

It  shall  be  the  duty  of  the  treasurer  of  the  school  district  or  the  board 
of  education  receiving  aid  provided  for  in  this  section,  to  render  annually 
to  the  state  superintendent  of  education,  an  itemized  statement  of  all  ex- 
penditures ot  said  class  or  classes.  Any  surplus  at  the  end  of  the  year  not 
expended  for  salaries  of  special  teachers,  special  supervision,  special  equip- 
ment, special  material  and  transportation  of  pupils  of  such  class  or  classes, 
shall  be  reserved  as  a  special  fund  for  the  education  of  blind  children  of 
that  district  and  can  be  used  for  no  other  purpose.     (Section  2  of  chap- 

56 


ter  194,  General  Laws  of  Minnesota  for  1915,  as  amended  by  chapter  129, 
General  Laws  of  Minnesota  for  1919,  and  by  chapter  366,  Laws  1921.) 

184.  Defective  speech  children,  instruction  of — Section  one  (1)  of  this 
act  shall,  so  far  as  applicable,  provide  for  and  apply  to  schools  for  defective 
speech  children,  except  that  these  schools  shall  be  under  the  control  of  the 
commissioner  of  education  and  that  there  shall  be  pin!  one  t:t  the  special 
state  aid  Cund  annually  in  the  month  of  July  to  the  treasurer  of  the  school 
district  maintaining  a  school  or  schools  for  defective  speech  children  un- 
der the  charge  of  one  or  more  teachers  whose  appointment  and  qualifica- 
tions shall  be  approved  by  the  commissioner  of  education,  such  sum  as 
such  district  may  be  entitled  to  for  the  instruction  of  defective  speech 
children  under  provisions  of  the  state  aid  law.  (As  amended  by  section  17, 
chapter  497,  Laws  1921.) 

185.  Mentally  subnormal  children,  how  instructed — Section  one  (1)  of 
this  act  shall,  so  far  as  applicable,  provide  for  and  apply  to  schools  for  men- 
tal subnormal  children,  except  that  these  schools  shall  be  under  the  control 
of  the  state  superintendent  of  education  and  that  there  shall  be  paid  on 
of  the  current  school  fund  in  the  state  treasury  annually  in  the  month  of 
July  to  the  treasurer  of  the  school  district  maintaining  a  school  or  schools 
for  mental  subnormal  children  under  the  charge  of  one  or  more  teachers 
whose  appointments  and  qualifications  shall  be  approved  by  the  state  super- 
intendent of  education,  the  sum  of  one  hundred  ($100.00)  dollars  for  each 
mental  subnormal  child  instructed  in  such  school  or  schools  having  an 
annual  session  of  at  least  nine  months  during  the  year  next  preceding  the 
first  day  of  July.     (Sec.  4,  c.  194,  Laws  1915.) 

186.  Permission  to  establish  instruction  for  deaf,  blind,  defective  speech 
and  subnormal,  when  granted — Permission  to  establish  such  special  classes 
as  may  come  under  the  provisions  of  sections  3  and  4  of  this  act,  may  be 
granted  to  districts  which  have  an  actual  attendance  of  not  less  than  five 
children  of  school  age.     (Sec.  5,  c.  194,  Laws  1915,  as  amended  by  c.  129) 

187.  Schools  for  crippled  children — Upon  application  made  to  the  Com- 
missioner of  Education  by  any  school  district,  complying  with  the  provi- 
sions of  this  Act,  said  commissioner  may  grant  permission  to  such  district 
to  establish  and  maintain  within  its  limits  one  or  more  classes  for  the  in- 
struction of  crippled  children  who  are  residents  of  the  state,  providing  there 
shall  be  not  less  than  five  crippled  children  of  school  age  in  each  class. 

The  courses,  method  of  instruction  and  supervision,  the  conditions  un- 
der which  teachers  and  helpers  are  employed,  and  the  equipment,  must 
comply  with  such  requirements  as  may  be  prescribed  by  the  Commissioner 
of  Education.  Teachers  in  such  classes  shall  be  appointed  as  are  other 
public  school  teachers,  and  shall  possess  the  usual  qualifications  required 
of  teachers  in  public  schools,  and  in  addition  thereto,  such  special  training 
as  the  Commissioner  of  Education  may  require.  Nurses  appointed  to  such 
schools  shall  be  registered  nurses,  and  shall  be  subject  only  to  such  addi- 
tional examination  as  the  Commissioner  of  Education  may  require,  and 
their  appointments  shall  be  on  the  same  basis  as  public  school  teachers. 

For  the  purposes  of  this  act,  any  child  of  school  age,  other  than  one 
of  defective  hearing,  speech  or  sight,  and  who  is  of  normal  mind  but  is 
deformed  in  body  or  limb  and  who  cannot  profitably  or  safely  be  educated 
in  the  regular  classes  as  other  children,  shall  be  considered  crippled  and 
required  to  attend  such  classes,  unless  excused  because  of  infectious  dis- 
ease or  other  conditions  making  attendance  undesirable. 

Any  school  district  maintaining  one  or  more  such  classes,  shall,  through 
its  superintendent,  report  to  the  Commissioner  of  Education  annually,  or 
oftener  If  he  so  desires,  such  facts  relative  to  such  class  or  classes  as  he 
may  require,  and  such  superintendent  shall   render  annually  to  the  Com- 

57 


missioner  of  Education  an  itemized  statement  of  all  expenditures  of  said 
class  or  classes. 

There  shall  be  paid  out  of  the  current  school  fund  in  the  state  treasury, 
annually  at  the  same  time  as  other  state  school  aid  is  paid,  to  the  treasurer 
of  the  school  district  board,  or  of  the  board  of  education,  in  the  school  dis- 
trict maintaining  such  class  or  classes  the  sum  of  $200  for  necessary  school 
expenses  including  salaries  for  teachers  and  nurses,  transportation,  special 
supplies  and  equipment,  on  account  of  each  crippled  child  instructed  in 
such  class  or  classes  having  an  annual  session  of  at  least  nine  months 
during  the  year  preceding  the  first  day  of  July,  provided  such  child  has 
been  in  attendance  the  full  nine  months  or  such  proportionate  part  of  $200 
as  shall  correspond  to  the  actual  time  of  attendance  of  each  pupil.  (Chap- 
ter 141,  Laws  1921.) 

188.  Secret  fraternities  in  the  public  schools— From  and  after  the  pas- 
sage of  this  act  it  shall  be  unlawful  for  any  pupil,  registered  as  such,  and 
attending  any  public  high  school,  district,  primary  or  graded  school,  which 
is  partially  or  wholly  maintained  by  public  funds,  to  join,  become  a  member 
of,  or  to  solicit  any  other  pupil  of  any  such  school  to  join,  or  become  a 
member  of  any  secret  fraternity  or  society  wholly  or  partially  formed 
from  the  membership  of  pupils  attending  any  such  schools  or  to  take  part 
in  the  organization  or  formation  of  any  such  fraternity  or  society,  except 
such  societies  or  associations  as  are  sanctioned  by  the  directors  of  such 
schools.     (2802) 

189.  Directors  to  establish  rules  and  regulations — The  directors  of  all 
such  schools  shall  enforce  the  provisions  of  section  1  of  this  act,  and  shall 
have  full  power  and  authority  to  make,  adopt  and  modify  all  rules  and 
regulations  which  in  their  judgment  and  discretion  may  be  necessary  for 
the  proper  governing  of  such  schools  and  enforcing  all  the  provisions  of 
section  1  of  this  act.     (2803) 

190.  Directors  shall  have  power  to  suspend  or  dismiss — The  directors 
of  such  schools  shall  have  full  power  and  authority,  pursuant  to  the  adop- 
tion of  such  rules  and  regulations  made  and  adopted  by  them,  to  sus- 
pend or  dismiss  any  pupil  or  pupils  of  such  schools  therefrom,  or  to  pre- 
vent them,  or  any  of  them,  from  graduating  or  participating  in  school 
honors  when,  after  investigation,  in  the  judgment  of  such  directors,  or  a 
majority  of  them,  such  pupil  or  pupils  are  guilty  of  violating  any  of  the 
provisions  of  section  1  of  this  act,  or  who  are  guilty  of  violating  any  Tule, 
rules  or  regulations  adopted  by  such  directors  for  the  purpose  of  governing 
such  schools  or  enforcing  section  1  of  this  act.     (2804) 

A  school  board  has  power  to  exclude  from  school  a  child  who  is  feeble-minded 

or  of  such  mental  dispositon  as  to  disturb  the  school  and  detract  to  an  apreciable 

extent   from   the   furnishing  of   instruction   to  the  other  children.  Such  a   question 

is  largely  one  of  fact  to  be  determined  in  each  case  as  it  arises.  (Smith,  Aug.  3, 
1914.) 

191.  Soliciting  a  misdemeanor,  by  persons,  not  pupils — Municipal  and 
justice  courts  to  have  jurisdiction — It  is  hereby  made  a  misdemeanor  for 
any  person  not  a  pupil  of  such  schools  to  be  upon  the  school  grounds,  or  to 
enter  any  school  building  for  the  purpose  of  "rushing"  or  soliciting  while 
there  any  pupil  or  pupils  of  such  school  to  join  any  fraternity,  society,  or 
association  organized  outside  of  said  schools.  All  municipal  courts  and 
justice  courts  of  this  state  shall  have  jurisdiction  of  all  offenses  com- 
mitted under  this  section,  and  all  persons  found  guilty  of  such  offenses  shall 
be  fined  not  less  than  two  dollars  nor  more  than  ten  dollars,  to  be  paid 
to  the  city  or  village  treasurer,  when  such  schools  are  situated  inside  of 
the  corporate  limits  of  any  city  or  village,  or  to  the  county  treasurer  when 
situated  outside  of  the  corporate  limits  of  any  such  city  or  village,  or 
upon  failure  to  pay  such  fine,  to  be  imprisoned  for  not  more  than  ten  days. 
(2805) 

58 


192.  Force  or  violence,  when  lawful — The  use,  attempt,  or  offer  to  use 
force  or  violence  upon  or  toward  the  person  of  another  shall  not  be  un- 
lawful in  the  following  cases: 

(4)  Whenever  used  in  a  reasonable  and  moderate  manner  by  a  parent 
or  his  authorized  agent,  a  guardian,  master,  or  teacher,  in  the  exercise  of 
lawful  authority,  to  restrain  or  correct  his  child,  ward,  apprentice  or  scholar. 
(8634) 

193.  Elementary  schools  in  county  jails — The  county  board  of  each 
county  in  this  state  wherein  is  maintained  a  county  jail  or  work  farm  may 
provide  a  school  or  schools  for  the  instruction  in  the  elementary  branches 
of  learning  of  all  persons  detained  therein  as  prisoners,  and  in  such  case 
shall  provide  the  necessary  furniture,  appliances  and  teachers  to  be  paid 
for  out  of  the  county  annual  revenue  fund;  such  schools  to  be  maintained 
for  not  less  than  two  hours  each  school  day  or  night  sessions  if  necessary 
and  school  attendance  by  the  prisoners  shall  be  made  compulsory  as  far 
as  possible.  The  teachers  necessary  for  such  purposes  shall  be  appointed 
by  the  county  board  with  the  approval  of  the  county  superintendent  of 
schools  who  shall  exercise  supervision  thereover  in  connection  with  his 
other  duties  as  such  superintendent.     (9352) 

194.  Treatment  and  care  of  indigent  blind  infants — The  board  of  con- 
trol of  the  State  of  Minnesota  is  hereby  authorized  and  directed  to  provide 
at  some  state  institution  by  law  under  its  control,  to  be  selected  by  it, 
for  the  care,  medical  treatment,  maintenance  and  education  of  indigent 
blind  infants,  residents  and  citizens  of  the  State  of  Minnesota,  under  such 
rules  and  regulations  as  said  board  may  prescribe.     (4051) 


CHAPTER  VII. 
SCHOOL  TAXES. 

195.  State  school  tax — There  shall  be  levied  annually  upon  the  tax- 
able property  of  the  state  a  tax  of  one  and  twenty-three  one-hundredths 
mills  on  the  dollar,  to  be  known  as  the  state  school  tax,  of  which  one  mill 
on  the  dollar  shall  be  added  to  the  general  school  fund,  which  shall  then 
be  known  as  the  current  school  fund,  and  the  remainder  of  such  tax  shall 
be  added  to  the  university  fund.     (2915) 

196.  County  school  tax — District  tax — The  county  auditor  shall  extend 
upon  the  tax  lists  of  the  county,  in  the  same  manner  as  district  school 
taxes  are  extended  a  tax  of  one  mill  on  the  dollar  of  the  taxable  property 
in  each  district,  to  be  known  as  the  county  school  tax,  and  be  credited 
to  the  school  district  in  which  the  property  taxed  is  situated.  The  tax 
levied  by  school  districts  shall  be  known  as  the  district  school  tax.     (2916) 

197.  City,  village,  town  and  school  district  taxes— The  taxes  voted  by 
cities,  villages,  towns  and  school  districts  shall  be  certified  by  the  proper 
authorities  to  the  county  auditor  on  or  before  October  10  in  each  year. 
(2051) 

198.  Contracts  in  excess  void— Liability  of  officers— It  shall  be  unlaw- 
ful for  the  authorities  of  any  county,  town,  city,  village,  or  school  district, 
unless  expressly  authorized  by  law,  to  contract  any  debt  or  incur  any  pe- 
cuniary liabilitv  for  ihe  payment  of  either  the  principal  or  the  interest 
of  which  during  the  current  or  any  subsequent  years  it  shall  be  necessary 
to  levy  a  rate  of  taxes  higher  than  the  maximum  prescribed  by  law.  Every 
such  contract  shall  be  null  and  void  in  regard  to  any  obligation  thereby 
sought  to  be  imposed  upon  such  corporation,  but  every  officer,  agent,  or 
member  thereof  who  participates  in  or  authorizes  the  making  of  such  con- 
tract shall  be  individually  liable  for  its  performance.     Every  such  officer  or 

59 


agent,  who  is  present  when  such  contract  is  made  or  authorized  shall  be 
deemed  to  participate  in  or  authorize  the  making  thereof,  as  the  case  may 
be,  unless  he  enter  or  cause  to  be  entered  his  dissent  therefrom  in  the 
records  of  such  corporation.     (2058) 

199.  Limitation  of  tax — In  common  districts  such  district  school  tax 
shall  not  exceed  thirty  mills  on  the  dollar  for  the  support  of  the  schools 
and  ten  mills  for  the  purchase  of  school  sites  and  the  erection  and  equip- 
ment of  school  houses;  but  in  such  districts  in  which  such  ten  mill  tax  will 
not  produce  six  hundred  dollars,  a  greater  tax  may  be  levied  for  school 
sites  and  buildings,  not  to  exceed  thirty  mills  on  the  dollar,  nor  six  hun- 
dred dollars  in  amount.  In  common  districts  having  less  than  ten  voters 
the  district  school  tax  shall  not  exceed  four  hundred  dollars.  In  inde- 
pendent districts  no  tax  in  excess  of  eight  mills  on  the  dollar  shall  be 
levied  for  the  purpose  of  school  sites  and  the  erection  of  school  houses. 
In  special  districts,  such  amounts  may  be  levied  as  may  be  allowed  by 
special  law  at  the  same  time  when  the  revised  laws  take  effect  Provided 
that  in  any  common  school  district  of  this  state  in  which  there  is  now  or 
shall  thereafter  be  maintained  a  high  school  or  a  graded  school,  the  dis- 
trict school  tax  for  the  support  of  schools  may  be  not  to  exceed  thirty  mills 
on  the  dollar.  (Section  2917,  G.  S.  1913,  as  amended  by  chapter  227,  Laws 
1921.) 

Levy  by  an  independent  district  in  separate  funds  authorized.      (75  M.   456.) 

The  board  of  an  independent  district  has  power  to  levy  taxes  for  the  support 
of  the  schools  of  the  district  in  excess  of  the  statutory  limitation  for  common 
districts.     (87  M.    234.) 

The  school  board,  and  not  the  electors,  of  an  independent  district  has  the 
power  to  levy  taxes.     (Young,  June,  1906.) 

200.  Same;  county  auditor  to  make  a  10-mill  tax  levy  in  certain  coun- 
ties— In  each  county  in  this  state  in  which  a  majority  of  the  rural  schools, 
and  not  less  than  one-third  of  the  total  school  enrollment,  are  or  shall 
be  in  one  or  more  school  districts  each  of  which  embrace  ten  or  more 
townships,  the  per  capita  assessed  valuation  of  which  district  or  districts  is 
or  shall  be  less  than  one-half  the  per  capita  assessed  valuation  of  the 
entire  county,  the  county  auditor  shall  annually,  on  or  before  the  tenth 
day  of  October,  make  a  county  school  tax  levy  of  ten  mills  upon  all  the 
taxable  property  in  the  county,  which  tax  and  the  proceeds  thereof  he  shall 
apportion,  as  and  when  other  apportionments  are  made,  among  the  school 
districts  of  the  county  on  the  basis  of  their  respective  school  enroll- 
ments during  the  school  year  last  preceding.     (Sec.  1,  c.  271,  Daws  1919.) 

201.  Same;  definition  of  the  words  "per  capita" — The  words  "per  cap- 
ita" as  used  in  this  act  shall  be  construed  to  mean  "per  capita  of  school 
enrollment"  during  the  school  year  last  preceding;  and,  in  determining 
such  school  enrollment  for  the  purposes  of  this  act,  no  scholar  shall  be 
counted  more  than  once  in  any  district,  and  no  district  shall  be  entitled 
to  any  portion  of  said  fund  that  has  not  had  at  least  six  months  of  school 
term  within  the  year,  conducted  pursuant  to  the  provisions  of  chapter  14, 
General  Statutes  1913,  and  acts  amendatory  thereof  and  supplementary 
thereto,  nor  shall  any  district  be  entitled  to  any  part  of  said  fund  for  any 
pupil  who  has  not  attended  school  at  least  forty  days  within  such  year. 
Such  school  enrollment  shall  be  correctly  shown  in,  and  determined  by  the 
auditor  from  an  abstract  filed  with  him  by  the  county  superintendent  of 
schools,  on  or  before  the  last  Wednesday  in  October  of  each  year,  which 
abstracts  shall  contain,  as  well,  all  of  the  information  contemplated  by 
sections  2882  and  2883  of  the  General  Statutes  of  1913,  and  acts  amenda- 
tory thereof  and  supplementary  thereto.  (Section  2,  chapter  271,  Laws  1919, 
as  amended  by  section  19,  chapter  497,  Laws  1921.) 

202.  Same;  not  to  otherwise  prohibit  the  levying  of  taxes — Nothing 
herein  contained  shall  be  construed  to  prohibit  the  levying  of  taxes  by 
said  school   districts  as  by  law  otherwise  provided,  but  the  aggregate  of 

60 


said  county  school  tax  and  of  the  district  tax  levied  in  each  district  shall 
not  exceed  the  maximum  allowed  by  law  to  be  levied  in  such  district  (Sec 
3,  c.  271,  Laws  1919.) 

203.  Same;  to  be  placed  in  separate  fund  and  to  be  disbursed  by 
county  education  committee— The  amounts  apportioned  to  each  district 
from  said  county  school  tax  and  the  proceeds  thereof  shall  be  by  said 
district  kept  in  and  disbursed  from  a  separate  fund;  and  the  disburse- 
ment and  expenditure  by  said  district  of  so  much  of  said  fund  as  ex- 
ceeds the  amount  thereof  raised  within  said  district  shall  be  subject  to 
the  reasonable  supervision  and  approval  of  a  committee  comprising  the 
chairmen  of  all  the  school  districts  in  the  county.  Said  committee  shall 
be  known  as  the  "County  Educational  Committee,"  shall  meet  for  organiza- 
tion at  the  office  of  the  county  auditor  on  the  first  Monday  in  August  of 
each  year,  and  may  take  such  other  action  at  that  meeting,  hold  such  other 
meetings,  adopt  such  rules,  appoint  such  officers  and  sub-committees,  and 
generally  exercise  their  powers  in  such  manner  as  shall  carry  out  the 
purposes  of  this  act,  advance  the  educational  interests  of  the  county,  and 
not  unreasonably  interfere  with  the  control  and  management  by  each 
district  of  its  schools.  No  compensation  shall  be  allowed  for  service  on 
said  committee,  but  the  reasonable  expenses  of  each  member  may  be  paid 
by  his  district.  No  part  of  said  county  school  tax  shall  be  expended  for 
purposes  for  which  district  taxes  may  not  be  expended.  (Sec  4,  c.  271 
Laws  1919.) 


CHAPTER  VIII. 
FUNDS  AND  APPORTIONMENTS. 

204.  State  apportionment  of  school  funds — The  Commissioner  of  Edu- 
cation shall  apportion  the  available  current  school  fund  among  the  coun- 
ties on  the  first  Monday  of  March  and  of  October  in  each  year,  in  propor- 
tion to  the  number  of  scholars  of  school  age  entitled  to  apportionment 
therein.  No  scholar  shall  be  counted  more  than  once  in  any  county,  which 
shall  be  in  the  district  in  which  his  parents  or  guardians  reside,  if  such 
scholar  has  attended  school  and  is  entitled  to  apportionment  therein.  But 
no  district  shall  be  entitled  to  any  portion  of  said  fund  that  has  not  had 
at  least  six  months  of  school  term  within  the  year,  conducted  pursuant  to 
the  provisions  of  this  chapter,  nor  shall  any  district  be  entitled  to  any  part 
of  said  fund  for  any  pupil  who  has  not  attended  school  at  last  forty  days 
within  such  year.  (2895,  as  amended  by  section  16  chapter  497,  Laws 
1921.) 

A  district  to  be  entitled  to  apportionment  must  not  only  have  had  a  school 
taught  the  required  time  during  the  school  year,  which  ends  July  31st,  hut  must 
also  have  made,  through  its  teachers,  the  requisite  term  reports  to  the  county 
superintendent,  who,  in  turn,  must  have  reported  it  to  the  state  superintendent 
of  public  instruction  on  or  before  September  20th. 

"Can  the  enrollment  of  evening  schools,  conducted  by  the  regular  corps  of 
teachers,  be  reported  for  apportionment?"  They  can.  There  is  nothing  in  the 
law  requiring  the  apportionment  to  be  made  to  day  scholars  only.  (Hahn,  p. 
491.) 

A  ten  months'  term  of  one-half  day  sessions  is  not  in  compliance  with  the 
statute  requiring  a  six  months'  term  of  full  session,  as  a  condition  precedent  to 
the  right  to  receive  a  share  of  the  current  school  fund.     (Douglas,   April  2,r>,   1S9"V) 

Note. — For  further  information  as  to  the  apportionment  and  distribution  of 
schoal  funds  by  the  state,  see  chapter  296,  Laws  of  1915,  sections  206  to  217, 
inclusive,  of  this  compilation. 

Children   in  regular  attendance  at  parochial   or  private   schools  who   are    per- 
mitted to  receive  Instruction  in  manual  training  only  for  one  or  two  hours  in  ■ 
of  two  days  of  every  school  week   cannot  be  counted   by    the   school   district   for 
apportionment.     (Smith,  May  25,  1915.) 

205.  Payment  of  school  apportionment  I'pon  receiving  a  copy  of 
such    apportionment,    the    state    auditor    shall    draw    hia    warrant    on    the 

61 


state  treasury,  payable  to  the  state  treasurer,  for  the  amount  due  each 
county.  The  state  treasurer  shall  apply  such  amount  and  any  special  state 
school  aid  due  said  county  in  his  semi-annual  settlement  with  each  county 
named  in  the  apportionment,  and,  if  the  amount  due  any  county  shall  ex- 
ceed the  amount  due  from  such  county  for  state  taxes,  shall  forthwith 
transmit  to  the  county  treasurer  the  amount  of  such  excess.  There  Is 
hereby  annually  appropriated  from  the  current  school  fund  the  amount 
of  such  apportionments.  (Sec.  2896,  G.  S.  1913,  as  amended  by  Sec.  6,  c. 
412,  Laws  1919.) 

206.  Apportionment  by  county  auditor — The  county  auditor  at  the 
time  of  making  the  March  and  November  tax  settlement  of  each  year  shall 
apportion  among  the  districts  entitled  thereto  the  amount  apportioned 
from  the  current  school  fund,  and  the  amount  received  from  liquor  licenses, 
fines,  estrays,  and  other  sources,  belonging  to  the  general  school  fund, 
upon  the  same  basis  provided  for  the  state  apportionment  and  such  money 
shall  be  used  only  for  the  payment  of  teachers'  wages;  but  no  district 
shall  receive  any  part  of  the  money  received  from  liquor  licenses  unless 
all  sums  paid  for  such  licenses  in  such  district  are  apportioned  to  the 
county  school  fund,  and  no  district  shall  receive  in  any  year  from  the  ap- 
portioned fund,  exclusive  of  special  state  aid,  a  greater  amount  than 
that  appropriated  by  such  district  from  its  special  and  local  one-mill 
tax  for  that  year,  unless  such  district  has  levied  for  such  year  the  maxi- 
mum amount  allowed  by  law  for  school  purposes.  The  auditor  shall  in- 
clude in  such  apportionment  all  amounts  received  from  special  state  aid 
to  schools.  (Sec.  2897,  G.  S.  1913,  as  amended  by  Sec.  2,  c.  412,  Laws 
1919.) 

Any  delay  which  does  not  affect  the  apportionment  may  be  disregarded,  but 
the  absence  of  reports  justifies  the  auditor  in  leaving  districts  out  of  the  ap- 
portionment whose  reports  are  not  in.     (Cole,  p.  111.) 

If  it  appeared  that  the  district  had  made  ample  provision  for  a  school  as 
required  by  law,  they  would  be  entitled  to  their  apportionment  if  their  failure 
to  maintain  the  school  was  due  to  no  fault  of  theirs,  as  the  prevalence  of  diph- 
theria.    (Clapp,  July  9.  1888.) 

Moneys  witheld  from  districts  pursuant  to  the  last  proviso  in  this  section 
may  be  distributed  among  such  districts  upon  a  proper  basis,  as  have  complied 
with  the  requirements  of  the  law  in  such  respects.     (Child,   November  26,   1895.) 

207.  Apportionment  to  schools  in  new  districts — Any  district  which  for 
the  first  year  after  its  organization  has  made  provision  for  a  four-months 
school  by  the  levy  of  a  sufficient  tax,  and  has  maintained  a  legal  school 
for  one  month,  shall  receive  its  share  in  the  first  succeeding  apportion- 
ment, in  proportion  to  its  actual  enrollment.  Such  enrollment  shall  be  re- 
ported as  in  other  cases,  and  the  number  of  pupils  so  returned  shall  be 
included  by  the  state  superintendent  and  the  county  audtior  in  their  appor- 
tionment.    (2898) 

208.  Report  of  county  apportionment,  etc. — The  county  auditor,  on  the 
first  Wednesday  after  such  apportionment,  shall  report  to  the  state  super- 
intendent the  amount  apportioned  to  each  district,  the  sources  from  which 
such  money  was  received,  the  aggregate  number  of  pupils  in  the  county, 
and  the  number  of  districts  sharing  in  the  apportionment.  He  shall  also, 
immediately  after  the  qualification  of  the  county  superintendent  report 
to  the  state  superintendent  his  name  and  postoffice  address.     (2899) 

209.  Funds  from  fines  and  penalties — School  funds  are  also  received 
from  liquor  licenses  and  from  fines  and  penalties  under  the  provisions  of 
the  following  sections  of  the  General  Statutes  of  1913,  to-wit:  3153,  3173, 
8174,  3323,  4406,  4994,  5021,  5028,  5112,  5804,  5806,  6040,  6278,  8980. 


62 


CHAPTER    IX. 
STATE  AID  TO  PUBLIC  SCHOOLS. 

210.  State  aid  to  schools — For  the  purpose  of  aid  to  public  schools, 
there  shall  be  established  the  following  funds: 

(a)  The  endowment  fund,  which  shall  consist  of  the  income  from  the 
permanent  school  fund. 

(b)  The  current  school  fund,  which  shall  consist  of  the  amount  derived 
from  a  state  one  mill  tax. 

(c)  The  special  state  aid  fund,  which  shall  consist  of  the  sums  appro- 
priated by  the  legislature  for  special  aid  to  public  schools  or  departments 
in  the  schools.     (Section  1,  chapter  467,  Laws  1921.) 

211.  Same;  semi-annual  distribution  of  the  endowment  fund— The  en- 
dowment fund  shall  be  distributed  semi-annually  by  the  State  Board  of 
Education  to  school  districts  whose  schools  have  been  in  session  at  least 
six  months  in  proportion  to  the  number  of  scholars  of  school  age  who 
have  attended  school  at  least  forty  (40)  days  during  the  preceding  year. 
(Section  2,  chapter  467,  Laws  1921.) 

212.  Same;  distribution  of  the  current  school  fund — The  current  school 
fund  shall  be  distributed  on  the  same  basis  and  at  the  same  time  as  the 
endowment  fund  except  such  part  as  the  state  auditor  on  the  recommenda- 
tion of  the  State  Board  of  Education  shall  set  aside  from  the  current  school 
fund  each  year  for  distribution  with  the  special  state  aid  fund.  (Section 
3,  chapter  467,  Laws  1921.) 

213.  Same;  distribution  of  special  state  aid  fund — The  State  Board  of 
Education  shall  distribute  the  special  state  aid  fund,  and  any  other  sums 
which  may  be  appropriated  by  the  state  for  distribution  which  the  special 
state  aid  fund,  in  such  manner  and  upon  such  conditions  as  will  enable 
school  districts  to  perform  efficiently  the  services  required  by  law,  and  to 
further  the  educational  interests  of  the  state.  To  this  end  the  said  board 
shall  have  power  to  fix  reasonable  requirements  for  receiving  and  sharing 
in  the  state  aid  provided  that  in  no  case  shall  teachers'  salaries  be  made 
a  requirement  for  such  aid.  Public  schools  of  any  district  receiving  or 
seeking  to  receive  special  state  aid  shall  at  all  time  be  open  to  the  inspec- 
tion of  the  State  Board  of  Education,  or  its  duly  authorized  agents,  and 
the  accounts  of  any  such  district  shall  be  open  to  inspection  by  the  public 
examiner  upon  request  of  said  State  Board  of  Education.  (Section  4,  chap- 
ter 467,  Laws  1921.) 

214.  Same;  classification  and  definitions — For  the  purposes  of  this  act  all 
public  schools  shall  be  classified  under  the  following  heads: 

(1)  Graded  elementary  schools,  (2)  ungraded  elementary  schools,  (3) 
four  year  high  schools,  (4)  high  school  departments,  (5)  junior  high  schools, 
(6)  senior  high  schools  and  (7)  consolidated  schools. 

(1)  A  graded  elementary  school  shall  be  a  school  giving  instruction  in 
at  least  the  first  six  years  of  the  elementary  course  and  employing  at  least 
four  teachers,  one  of  whom  shall  be  designated  as  principal. 

(2)  An  ungraded  elementary  school  shall  be  a  school  giving  instruction 
in  the  elementary  course  and  employing  one  or  more  teachers,  but  not 
having  the  rank  of  a  graded  elementary  school. 

(3)  A  four-year  high  school  shall  be  a  school  giving  one  or  more  four- 
year  courses  beyond  the  eight-year  elementary  course.  It  shall  be  located 
in  a  school  district  which  maintains  a  graded  elementary  school  and  which 
shall  employ  a  superintendent,  a  high  school  principal  and  one  or  more 
high  school  teachers. 

63 


(4)  A  high  school  department  shall  be  a  school  giving  instruction  In 
at  least  the  first  two  years  beyond  the  eight-year  elementary  course.  It 
shall  be  located  in  a  school  district  which  maintains  a  graded  elementary 
school  and  shall  employ  a  principal  and  one  or  more  high  school  teachers. 

(5)  A  junior  high  school  shall  be  a  school  having  a  separate  organiza- 
tion and  employing  a  principal  and  two  or  more  teachers  giving  instruc- 
tion in  the  seventh,  eighth  and  ninth  years  of  the  twelve-year  public  school 
course.  It  shall  be  located  in  a  school  district  which  also  maintains  a  six- 
year  elementary  course. 

(6)  A  senior  high  school  shall  be  a  school  having  a  separate  organiza- 
tion and  employing  a  principal  and  two  or  more  high  school  teachers  giving 
instruction  in  the  tenth,  eleventh  and  twelfth  years  of  the  twelve-year  pub- 
lic school  course.  It  shall  be  located  in  a  school  district  which  also  main- 
tains a  graded  elementary  school  of  six  years  and  a  junior  high  school  and 
which  employs  a  superintendent  for  the  entire  system  of  public  schools  in 
such  school  district. 

(7)  A  consolidated  school  shall  be  any  school  located  in  a  school  dis- 
trict organized  by  law  as  a  consolidated  school  district.  Such  consolidated 
schools  shall  also  be  classified  under  one  of  the  six  preceding  headings 
of  this  section.     (Section  5,  chapter  467,  Laws  1921.) 

215.  Same;  purposes  of  special  state  aid — State  aid  from  the  special 
state  aid  fund  and  also  any  other  moneys  set  apart  for  use  with  the  special 
state  aid  fund  shall  be  for  the  following  named  purposes: 

(1)  To  assist  in  providing  equal  educational  opportunities  for  all  the 
school  children  of  the  state. 

(2)  To  assist  in  establishing  certain  generally  accepted  minimum 
standards  for  all  the  public  schools  of  the  state. 

(3)  To  assist  school  districts  whose  tax  levies  for  maintenance  are  ex- 
ceptionally high. 

(4)  To  stimulate  educational  progress  by  grants  of  state  aid  for  su- 
perior efficiency  and  high  standards  and  for  desirable  educational  under- 
takings not  yet  generally  established. 

(5)  To  provide  for  the  maintenance  of  teacher  training  departments 
in  high  schools.     (Section  6,  chapter  497,  Laws  1921.) 

216.  Same;  state  aid  for  equalizing  educational  opportunities — (1)  For 
transportation  of  pupils  in  consolidated  school  districts,  the  state  shall 
reimburse  such  districts  at  rates  to  be  determined  by  the  State  Board  of 
Education,  provided  that  no  consolidated  school  district  shall  receive  annu- 
ally more  than  four  thousand  dollars  ($4,000)  for  the  transportation  and 
board  of  pupils  for  each  consolidated  school  in  such  district.  Provided  fur- 
ther that  state  aid  for  transportation  shall  not  be  withheld  from  any  con- 
solidated district  by  reason  of  the  requirements  of  section  10  of  chapter 
238  of  the  Laws  of  1915. 

(2)  For  school  buildings  in  consolidated  school  districts,  the  state  shall 
pay  forty  (40)  per  cent  of  the  cost  of  constriction  of  each  such  building, 
but  not  to  exceed  six  thousand  dollars  ($6,000)  to  any  such  school  district 
for  each  such  school  building. 

(3)  All  the  provisions  of  this  act  relating  to  state  aid  to  counties  shall 
be  equally  applicable  to  the  unorganized  territory  of  any  county  and  also 
to  all  school  districts  of  ten  or  more  townships. 

(4)  For  the  tuition  of  non-resident  high  school  pupils,  the  state  shall 
pay  to  the  school  district  furnishing  such  high  school  instruction  at  the 
rate  of  seven  dollars  ($7.00)  per  school  month,  or  major  fraction  thereof, 
for  each  such  non-resident  pupil,  for  not  to  exceed  ten  (10)  months  in  any 

64 


school  year;  provided  (1)  that  high  school  instruction  shall  mean  instruc- 
tion for  pupils  who  have  completed  the  eight  years  of  the  elementary 
course;  (2)  that  such  tuition  shall  be  paid  by  the  state  only  insofar  as  any 
pupil's  residence  district  does  not  give  high  school  instruction,  but  this 
provision  shall  not  apply  to  non-resident  high  school  pupils  residing  in  un- 
organized territory;  and  (3)  that  the  state  apportionment  for  any  such  non- 
resident high  school  pupils  shall  be  paid  to  the  school  district  in  which 
such  non-resident  pupils  attend  a  high  school.  Provided,  that  in  all  cases 
where  such  non-resident  pupil  is  a  resident  of  a  state  aided  rural  district, 
the  amount  provided  by  the  provisions  of  this  act  shall  by  the  disbursing 
board  be  deducted  from  the  aid  otherwise  going  to  such  rural  district  in  all 
cases  where  such  aided  rural  school  does  not  levy  at  least  four  (4)  mills 
or  more  upon  the  property  of  such  district  for  school  purposes. 

(5)  Any  school  district  may  receive  aid  for  the  purchase  of  library 
books  on  the  basis  of  twenty  dollars  ($20.00)  for  each  teacher  employed 
with  a  maximum  of  forty  dollars  ($40.00)  for  each  school  building  in  the 
district,  provided  the  district  appropriates  a  like  amount  for  the  same 
purpose. 

(6)  For  assisting  in  providing  for  the  school  attendance  of  isolated 
pupils.  .  The  State  Board  of  Education,  at  its  discretion  and  under  such 
rules  as  it  may  adopt,  may  assist  school  districts  or  the  County  Board  of 
Education  for  unorganized  territory  in  any  county  in  providing  for  the 
transportation  or  board  of  such  children  of  school  age  as  reside  beyond 
reasonable  walking  distance  from  the  nearest  public  school.  To  this  end, 
the  state  board  may  grant  to  such  school  districts  not  to  exceed  fifty  dol- 
lars ($50)  annually  for  each  such  pupil  transported  or  boarded.  (Section 
7,  chapter  497,  Laws  1921.) 

217.  Same;  state  aid  to  assist  in  establishing  minimum  standards — (1) 
For  each  graded  elementary  school  of  eight  school  years  with  a  school  year 
of  at  least  nine  months,  the  state  shall  pay  a  school  district  four  hundred 
dollars  ($400)  annually. 

(2)  For  each  graded  elementary  school  of  six  school  years  with  a 
school  year  of  at  least  nine  months,  the  state  shall  pay  a  school  district 
three  hundred  dollars  ($300)  annually. 

(3)  For  each  ungraded  elementary  school  with  a  school  year  of  at  least 
eight  months,  the  state  shall  pay  a  school  district  one  hundred  and  fifty 
dollars  ($150)  for  each  first-grade  teacher  employed  and  one  hundred  dol- 
lars for  each  second-grade  teacher  employed;  for  a  school  year  of  at  least 
seven  months,  the  state  shall  pay  three-quarters  of  the  aid  provided  for  a 
school  with  a  school  year  of  eight  months. 

(4)  For  each  four-year  high  school  with  a  school  year  of  at  least  nine 
months,  the  state  shall  pay  a  school  district  one  thousands  dollars  ($1,000) 
annually. 

(5)  For  each  high  school  department  with  a  school  year  of  at  least 
nine  months,  the  state  shall  pay  a  school  district  four  hundred  dollars 
($400)   annually. 

(6)  For  each  junior  high  school  with  a  school  year  of  at  least  nine 
months  the  state  shall  pay  a  school  district  three  hundred  dollars  ($300) 
annually. 

(7)  For  each  senior  high  school  with  a  school  year  of  at  least  nine 
months,  the  state  shall  pay  a  school  district  six  hundred  dollars  ($600)  an- 
nually.    (Section  8,  chapter  497,  Laws  1921.) 

218.  Same;  to  assist  school  districts  with  high  tax  levy— To  any  school 
district  whose  tax  levy  for  maintenance  lies  between  twenty  (20)  mills 
and  thirty-two  (32)  mills,  the  state  shall  pay  as  supplemental  aid  one-third 

65 


of  the  excess  above  twenty  (20)  mills.  If  the  tax  levy  for  maintenance 
exceeds  thirty-two  (32)  mills,  then,  in  addition  to  the  above  amount,  the 
state  shall  pay  as  supplemental  aid  one-half  of  such  excess  above  thirty- 
two  (32)  mills,  provided  that  no  school  district  shall  receive  supplemental 
aid  if  a  tax  levy  of  twenty  (20)  mills  in  such  district  will  yield  the  equivar- 
lent  of  one  hundred  dollars  $(100)  for  each  pupil  enrolled  in  the  public 
schools  of  such  district;  and  provided  also  that  no  school  district  shall  re- 
ceive supplemental  aid  equivalent  to  more  than  two  hundred  dollars  ($200) 
for  each  elementary  teacher  employed  and  two  hundred  fifty  dollars  ($250) 
for  each  high  school  or  special  teacher  employed.  In  school  districts  main- 
taining only  ungraded  elementary  schools,  if  a  twenty  (20)  mill  tax  levy 
does  not  raise  the  equivalent  of  six  hundred  dollars  ($600)  for  each  teacher 
employed  for  at  least  (7)  months  during  the  school  year,  -then  the  State 
Board  of  Education  at  its  discretion  may  grant  to  such  school  district  an 
amount,  which  together  with  the  proceeds  of  a  twenty  (20)  mill  tax  levy, 
will  give  such  school  district  the  equivalent  of  six  hundred  dollars  ($600) 
for  each  teacher  employed  as  herein  provided,  but  such  state  aid  shall  in 
no  case  exceed  the  equivalent  of  two  hundred  dollars  ($200)  for  each  such 
teacher  employed,  but  shall  be  in  addition  to  all  other  state  aid,  including 
supplemental  aid  as  otherwise  provided  in  this  section.  (Section  9,  chap- 
ter 497,  Laws  1921.) 

219.  Same;  state  aid  to  stimulate  educational  progress — (1)  For  estab- 
lished undertakings,  state  aid  shall  be  granted  to  school  districts  on  the 
basis  of  the  number  of  special  teachers  employed,  enrollment  in  classes 
and  type  of  work  done,  and  all  under  such  rules  as  may  be  established  by 
the  State  Board  of  Education.  In  school  districts  maintaining  junior  and 
senior  high  schools,  such  state  aid  shall  be  granted  for  either  a  junior  or 
senior  high  school,  but  not  for  both. 

a.  For  agriculture  state  aid  to  any  school  district  for  each  school  within 
the  district  maintaining  such  work  shall  be  limited  as  follows: 

(a)  For  a  department  employing  but  one  or  more  teachers  not  to  ex- 
ceed one  thousand  dollars  ($1,000). 

b.  For  general  industrial  training  state  aid  to  any  school  district  for 
each  school  within  the  district  maintaining  such  work  shall  be  limited  as 
follows : 

(a)  For  a  department  employing  one  or  more  teachers,  not  to  exceed 
six  hundred  dollars  ($600). 

c.  For  home  training  state  aid  to  any  school  district  for  each  school 
within  the  district  maintaining  such  work  shall  be  limited  as  follows: 

(a)  For  a  department  employing  one  or  more  teachers  not  to  exceed 
six  hundred  dollars  ($600). 

d.  For  commercial  training  state  aid  to  any  school  district  for  each 
school  within  the  district  maintaining  such  work  shall  be  limited  as  fol- 
lows: 

(a)  For  a  department  employing  one  or  more  teachers,  not  to  exceed 
six  hundred  dollars  ($600). 

e.  For  special  classes  for  defectives.  Under  such  rules  as  the  State 
Board  of  Education  may  establish,  the  state  shall  pay  annually  to  any 
school  district  for  the  education  of  defective  children  the  following  amounts: 

(a)  For  deaf  children,  two  hundred  fifty  dollars  ($250)  for  each  such 
child. 

(b)  For  blind  children,  three  hundred  dollars  ($300)  for  each  such  child. 

(c)  For  subnormal  children,  one  hundred  dollars  ($100)  for  each  such 
child. 

66 


(d)  For  children  with  defective  speech,  not  to  exceed  fifteen  hundred 
dollars  ($1,500)  for  each  teacher  engaged  exclusively  in  this  work. 

(e)  For  crippled  children,  two  hundred  fifty  dollars  ($250)  for  each 
such  child. 

(2)  For  educational  work  not  yet  generally  established. 

a.  For  stimulating  progress  and  achievement  in  ungraded  elementary 
schools,  the  State  Board  of  Education  shall  adopt  standards  for  a  superior 
ungraded  school.  Such  standards  shall  be  based  upon  the  length  of  the 
school  term,  qualification  of  teachers,  regular  school  attendance  and  a  cur- 
riculum adapted  to  present  day  needs,  including  health  work.  School  dis- 
tricts meeting  these  standards  shall  receive,  in  addition  to  all  other  state 
aid,  not  to  exceed  one  hundred  twenty-five  dollars  ($125)  for  each  such 
school  maintained. 

b.  For  evening  schools  for  persons  over  sixteen  years  of  age  and  not 
in  attendance  upon  regular  day  schools,  the  state  shall  pay  to  any  school 
district  mantaining  such  schools  in  accordance  with  requirements  estab- 
lished by  the  State  Board  of  Education,  one— half  the  cost  of  instruction  in 
such  evening  schools;  and  districts  maintaining  such  evening  schools  shall 
also  be  entitled  to  state  apportionment  for  all  pupils  of  school  age  upon 
the  same  basis  as  that  provided  by  law  for  day  school  pupils.  (Section  10, 
chapter  497,  Laws  1921.) 

220.  Same;  aid  for  teacher  training  departments — For  teacher  train- 
ing in  high  schools  the  State  Board  of  Education  is  hereby  authorized  to 
establish  rules  and  to  determine  the  amounts  of  state  aid  to  be  granted  to 
any  school  district  for  the  maintenance  of  this  work.  Such  state  aid  shall 
be  determined  upon  the  basis  of  one,  two  or  three  teacher  departments, 
respectively.  For  the  maintenance  of  high  school  teacher  training  depart- 
ments the  State  Board  of  Education  may  grant  a  total  state  aid  of  not  to 
exceed  two  hundred  twenty-five  thousand  dollars  ($225,000.00).  Section  11, 
chapter  497,  Laws  1921.) 

221.  Same;  authority  of  county  board  to  provide  funds — In  all  cases 
provided  for  in  this  act  wherein  state  aid  is  made  available  for  county  use, 
the  county  board  is  hereby  authorized  to  make  appointments  of  persons 
for  county  service  and  to  appropriate  county  funds  for  the  purpose  of  main- 
taining such  county  educational  work.  (Section  12,  chapter  497,  Laws 
1921.) 

222.  Same;  manner  of  paying  special  state  aid — The  special  state  aid 
fund  and  all  other  sums  made  available  by  the  legislature  as  special  state 
aid  to  schools  shall  be  paid  in  the  following  manner: 

On  or  before  the  first  day  of  October  in  each  year,  it  shall  be  the  duty 
of  the  Commissioner  of  Education  to  deliver  to  the  state  auditor  a  certifi- 
cate in  duplicate  for  each  class  of  schools  in  each  county  of  the  state  en- 
titled to  receive  state  aid  under  the  provisions  of  this  act.  Upon  the  re- 
ceipt of  such  certificate,  it  shall  be  the  duty  of  the  state  auditor  to  draw 
his  warrant  upon  the  state  treasurer  in  favor  of  the  county  treasurer  for 
the  amount  shown  by  each  certificate  to  be  due  to  the  several  schools 
therein  enumerated.  The  state  auditor  shall  transmit  such  warrants  to 
the  county  auditor  together  with  a  copy  of  the  certificate  prepared  by  the 
Commissioner  of  Education. 

Upon  receipt  by  the  county  auditor  of  such  warrant  and  the  certificate, 
it  shall  be  the  duty  of  the  county  auditor  to  credit  the  several  school  dis- 
tricts with  the  amounts  stated  in  said  certficate,  then  charging  the  county 
treasurer  with  the  aggregate  amount  so  received,  and  forthwith  deliver  to 
the  county  treasurer  the  said  warrant  or  warrants.  The  funds  so  credited 
to  the  several   school   districts   shall    be  paid  to   the  treasurers  thereof  in 

67 


the  same  manner  now  provided  by  law  for  the  payment  of  school  funds  to 
school  district  treasurers.     (Section  13,  chapter  497,  Laws  1921.) 

223.  Same;  unused  special  state  aid  funds — Any  unused  available 
money  from  the  special  state  aid  fund  shall  be  included  with  the  endow- 
ment fund  for  distribution  to  state  apportionment.  (Section  14,  chapter  497, 
Laws  1921.) 

224.  Same;  to  consolidated  districts — area  required — To  receive  state 
aid  as  a  consolidated  school  of  class  A  or  class  B,  as  denned  in  this  act, 
the  consolidated  districts  must  not  contain  less  than  twelve  sections.  Any 
existing  school  district  having  the  area  and  meeting  the  requirements  speci- 
fied in  this  act,  may  be  granted  the  rights  and  privileges  of  a  consolidated 
school  district  upon  formal  application  to  the  Commissioner  of  Education 
pursuant  to  resolutions  adopted  by  a  vote  of  not  less  than  two-thirds  of 
the  full  school  board,  accompanied  by  a  plat  prepared  by  the  county  super- 
intendent of  schools  of  the  county  in  which  the  school  is  located.  Pro- 
vided that  this  act  shall  not  affect  the  rights  or  status  of  any  consolidated 
school  district  now  organized.  (Section  2,  chapter  238,  Laws  1915  as 
amended  by  chapter  230,  Laws  1921.) 

225.  Same;  requirements  of  consolidated  districts  for  receiving — (1) 
For  receiving  state  aid  for  transportation,  schools  in  consolidated  districts 
shall  be  in  session  at  least  eight  months  in  the  year  and  be  well  organized. 
They  shall  have  suitable  school  houses  with  the  necessary  rooms  and  equip- 
ment. The  board  in  a  consolidated  school  district  shall  arrange  for  the 
attendance  of  all  pupils  living  two  miles  or  more  from  the  school,  through 
suitable  provision  for  transportation  or  for  the  boarding  and  rooming  of 
such  pupils  as  may  be  more  economically  and  conveniently  provided  for 
by  such  means. 

(2)  Besides  maintaining  schools  in  consolidated  districts  conforming 
to  the  above  requirements  the  school  board  may  maintain  other  schools  of 
not  more  than  two  departments,  and  receive  state  aid  for  these  schools  as 
provided  for  ungraded  elementary  schools.  (Section  9,  chapter  238,  Laws 
1915  as  amended  by  chapter  349,  Laws  1921.) 

A  parent  who  transports  his  children  more  than  two  miles  to  and  from  school 
does  not  have  a  legal  claim  against  the  district  for  reimbursement.  (Smith,  Sep- 
tember 5,  1917.) 

226.  Same;  Consolidated  schools — building  and  transportation  aid — ■ 
Consolidated  schools  shall  receive  annually  the  amount  reasonably  ex- 
pended for  the  transportation  of  pupils,  but  not  to  exceed  the  amount  pro- 
vided for  in  section  7  of  the  state  aid  law. 

In  addition  to  the  annual  aid  consolidated  schools  shall  receive  an 
amount  to  aid  in  the  construction  of  buildings,  equal  to  forty  (40)  per  cent 
of  the  cost  of  such  buildings,  but  no  school  shall  receive  more  than  a  total 
of  six  thousand  dollars  ($6,000)  for  aid  in  the  construction  of  buildings. 
The  annual  aid  and  the  aid  for  buildings  shall  be  paid  in  the  same  man- 
ner as  now  provided  by  law  for  the  payment  of  other  state  aid  to  public 
schools. 

Every  school  located  in  a  consolidated  district  shall  be  classified  un- 
der one  of  the  following  heads: 

(1)  Ungraded  elementary,  (2)  graded  elementary,  (3)  four-year  high 
school,  (4)  high  school  department,  (5)  junior  high  school  or  (6)  senior 
high  school,  and  every  such  school  shall  possess  all  the  rights  and  privi- 
leges of  the  rank  and  class  which  it  has  attained  and  shall  be  entitled  to 
state  aid  according  to  such  rank  and  class.  (Section  11,  chapter  238,  Laws 
1915  as  amended,  section  18,  chapter  497,  Laws  1921.) 

227.  Certain  provisions  of  an  act  for  promotion  of  vocational  educa- 
tion, etc.,  by  congress,  etc.,  accepted. — The  provisions  of  the  act  of  con- 

68 


gress  of  the  United  States  entitled  an  act  to  provide  for  the  promotion  of 
vocational  education;  to  provide  for  co-operation  with  the  states  in  the 
promotion  of  such  education  in  agriculture  and  the  trades  and  industries: 
to  provide  for  co-operation  with  the  states  in  the  preparation  of  teachers  of 
vocational  subjects;  and  to  appropriate  money  and  rgulate  its  expenditures, 
and  approved  February  23,  1917,  be  and  the  same  are  hereby  accepted,  and 
the  benefits  of  all  funds  appropriated  under  the  provisions  of  such  act  are 
hereby  accepted  as  provided  in  such  act.  (Section  1,  chapter  491,  Laws 
1919.) 

228.  High  school  board  designated  as  state  board  called  for  in  con- 
gressional act. — The  high  school  board  is  hereby  designated  the  state  board 
as  provided  in  such  act,  and  is  charged  with  the  duty  and  responsibility 
of  co-operating  with  the  federal  board  for  vocational  education  in  the  ad- 
ministration of  such  act  and  is  given  all  power  necessary  to  such  co- 
operation. The  high  school  board  is  authorized  to  make  such  expenditures 
as  it  may  deem  necessary  to  carry  out  the  provisions  hereof  from  moneys 
available  for  the  purposes  of  this  act.  In  case  a  state  board  of  education  is 
created,  such  board  shall  have  the  powers  and  perform  the  duties  with 
which  the  high  school  board  is  charged  by  the  terms  of  this  act.  (Section 
22,  chapter  491,  Laws  1919.) 

229.  State  treasurer  appointed  custodian  of  funds — The  state  treasurer 
is  appointed  custodian  of  all  funds  for  vocational  education,  as  provided  in 
such  act,  and  is  charged  with  the  duty  and  responsibility  of  receiving  and 
providing  for  the  proper  custody  and  proper  disbursement  of  moneys  paid 
to  the  state  from  the  appropriations  made  under  the  provisions  of  such 
act.     (Section  3,  chapter  491,  Laws  1919.) 

230.  What  districts  are  to  be  entitled  to  federal  moneys — Any  school 
district  maintaining  a  vocational  school  or  department  shall  be  entitled  to 
Federal  moneys  under  such  act  for  the  salaries  of  teachers  of  agricultural, 
industrial  or  home  economics  subjects  by  meeting  the  requirements  fixed  by 
the  high  school  board  and  approved  by  the  federal  board  for  vocational 
education.  Teacher  training  schools  and  departments  shall  be  entitled  to 
federal  moneys  for  the  preparation  of  teachers  of  agricultural,  industrial  or 
home  economics  subjects  by  meeting  the  requirements  fixed  by  the  high 
school  board  and  approved  by  the  federal  board  for  vocational  education  for 
the  preparation  of  such  teachers.     (Section  4,  chapter  491,  Laws  1919.) 

231.  How  disbursements  shall  be  made — All  disbursements  of  federal 
and  state  moneys  for  the  benefit  of  such  teachers  training  schools  or  de- 
partments shall  be  made  on  the  requisition  of  the  high  school  board  by  the 
state  treasurer  or  to  the  legally  constituted  authorities  having  custody 
of  the  moneys  of  such  training  schools  or  departments.  All  disbursements 
of  federal  and  state  moneys  for  the  benefit  of  such  vocational  schools  and 
departments  shall  be  made  on  the  requisition  of  the  high  school  board  by 
the  state  treasurer  to  the  treasurer  legally  qualified  to  receive  and  disburse 
the  funds  for  the  school  districts  establishing  and  maintaining  such  schools 
and  departments  as  herein  provided.     (Section  5,  chapter  491,  Laws  1919.) 

232.  State  treasurer  to  make  report  of  receipts  and  disbursements — 
The  state  treasurer  as  custodian  for  vocational  education  shall  make  to  the 
legislature  at  each  biennial  session  a  report  of  the  receipts  and  disburse- 
ments of  moneys  received  by  him  under  the  provisions  of  such  act  and 
the  high  school  board  shall  make  to  the  legislature  at  each  biennial  session 
a  report  of  its  administration  of  such  act  and  the  expenditure  of  money 
allotted  to  the  state  under  the  provisions  of  such  act. 

233.  Promotion    of  vocational    education — There   shall   be  appropriated 
biennially  a  sum  of  not  less  than  the  amount   to  which  the  State  ol    Minn. 
sota  is  entitled  under  sections  3  and  4  of  an  act  of  congress  of  the  ''nited 
States,    approved    February    23,    1917,    relating   to    the    promotion    of   voca- 
tional  education   and    tor   appropriations    to   the    state     tor   Instruction   in 

69 


agriculture,  trade,  home  economics  and  industrial  subjects,  and  for  the  train- 
ing of  teachers  of  vocational  subjects.     (Section  1,  chapter  414,  Laws  1919.) 

240.  Same;  State  Board  of  Education  to  reimburse  school  district- 
Whenever  any  school  district  shall  have  established  a  vocational  school 
or  department  in  accordance  with  the  rules  and  regulations  established 
by  the  State  Board  of  Education  and  the  plan  for  vocational  education 
adopted  by  that  board  and  approved  by  the  federal  board  for  vocational 
education,  the  State  Board  of  Education  shall  reimburse  such  school  dis- 
trict for  its  expenditures  for  salaries  of  vocational  teachers  from  federal 
and  state  funds  available  to  an  amount  not  to  exceed  three-fourths  of  the 
salaries  of  such  vocational  teachers,  provided  that  in  the  event  of  joint 
federal  and  state  funds  not  being  sufficient  to  make  such  reimbursement 
in  full,  the  State  Board  of  Education  shall  pro  rate  the  amount  available 
to  the  various  districts  entitled  to  receive  reimbursement.  (Section  2, 
chapter  414,  Laws  1919,  as  amended  by  section  20,  chapter  497,  Laws  1921.) 

241.  Same;  reimbursing  institutions  for  training  teachers — The  State 
Board  of  Education  shall  reimburse  institutions  selected  by  it  to  train 
teachers  of  vocational  subjects  to  an  amount  of  not  to  exceed  one-half  of 
the  expenditures  made  for  such  training  by  the  said  institutions,  provided 
that  no  federal  funds  may  be  applied  directly  or  indirectly  to  the  purchase, 
erection,  preservation  or  repair  of  any  building  or  buildings  or  equipment, 
or  for  the  purchase  or  rental  of  lands  or  for  the  support  of  any  religious 
or  privately  owned  school  or  college.  (Section  3,  chapter  414,  Laws  1919 
as  amended  by  section  21*  chapter  497,  Laws  1921.) 

242.  Same;  appointment  of  officals  and  assistants — The  high  school 
board  shall  have  authority  to  appoint  such  officials  or  assistants  as  may  be 
necessary  to  administer  the  federal  act  and  chapter  491,  Session  Laws  of 
Minnesota  for  1917,  to  fix  the  salaries  of  such  persons  appointed,  and  to 
make  expenditures  from  the  state  funds  appropriated  under  the  provisions 
of  this  act  for  the  salaries  and  necessary  expenses  of  such  officials  and  as- 
sistants, or  to  use  a  portion  of  such  funds  in  matching  federal  funds  avail- 
able for  the  same  purpose.     (Section  4,  chapter  414,  Laws  1919.) 

243.  State  board  for  vocational  education — There  is  hereby  established, 
unler  the  direction  and  control  of  the  state  board  for  vocational  education, 
a  division  for  the  training  and  instruction  of  persons  whose  capacity  to 
earn  a  living  has  in  any  way  been  destroyed  or  impaired  through  industrial 
accident  or  otherwise:  provided,  that  at  the  time  when  the  accident  or  dis- 
ability was  incurred  they  were  residents  or  citzens  of  the  State  of  Minne- 
sota. The  said  board  shall  in  its  regular  reports  to  the  legislature  describe 
in  detail  the  work  of  the  division  and  may  from  time  to  time  issue  bul- 
letins containing  information  relative  thereto.  (Section  1,  chapter  365,  Laws 
1919.) 

244.  Appointment  and  salaries  of  employes — The  employes  of  the  said 
division  shall  be  appointed  and  their  salaries  determined  by  the  said  board. 
The  division  shall  be  furnished  with  suitable  quarters  in  the  state  capitol, 
and  the  board  may  expend  for  salaries  and  other  necessary  expenses  of 
such  division  such  amounts  as  shall  be  appropriated  by  the  legislature. 
(Section  2,  chapter  365,  Laws  1919.) 

245.  Plan  of  co-operation  to  be  formulated — The  state  board  for 
vocational  education  and  the  department  of  labor  and  industries,  or  any 
agency  which  may  succeed  it  in  the  administration  or  supervision  of  the 
workmen's  compensation  act,  shall  formulate  a  plan  of  co-operation  with 
reference  to  the  work  of  said  division.  Such  plan  shall  be  effective  only 
when  approved  by  the  governor  of  the  state.  (Section  3,  chapter  365, 
Laws  1919.) 

246.  To  aid  incapacitated  persons,  and  to  co-operate  with  U.  S.  govern- 
ment,— The  said  division  shall  aid  persons  who  are  incapacitated  as  described 

70 


in  section  one  in  obtaining  such  education,  training,  and  employment  as 
will  tend  to  restore  their  capacity  to  earn  a  livelihood.  The  division  may 
co-operate  with  the  United  States  government,  and  as  a  part  of  such  co- 
operation may  extend  the  benefits  of  this  act  to  any  civil  employe  of  the 
United  States  disabled  while  in  the  performance  of  his  duty,  without  regard 
to  the  residence  of  citizenship  of  such  employe,  if  in  the  judgment  of 
the  board  the  benefits  offered  by  the  federal  government  are  sufficient  to 
compensate  for  the  cost.  The  division  may  of  its  own  accord,  establish 
or  maintain,  or  in  co-operation  with  local  boards  of  education,  assist  in 
establishing  or  maintaining,  such  courses  as  it  may  deem  expedient,  and 
otherwise  may  act  in  such  manner  as  it  may  deem  necessary  to  accomplish 
the  purposes  of  this  act.     (Section  4,  chapter  365,  Laws  1919.) 


CHAPTER   X.       • 
SCHOOL  TEXT-BOOKS 

247.  List  of  books  to  be  prepared  by  high  school  board — The  state  high 
school  board  shall  from  time  to  time  prepare  and  amend  a  list  of  books 
suitable  for  school  libraries,  including  dictionaries  and  other  books  of 
reference,  histories  and  works  of  biography,  literature,  political  economy, 
agriculture,  travel  and  science.     (2947) 

248.  Same;  state  aid,  when  furnished — Upon  receiving  from  any  dis- 
trict a  certified  statement,  approved  by  the  county  superintendent  showing 
the  purchase  of  books  specified  and  included  in  the  list  prepared  under 
the  foregoing  section,  the  appointment  of  a  librarian  for  each  library  and 
the  making  of  proper  provisions  for  the  care  thereof,  and  for  the  free  dis- 
trbution  of  books  suitable  for  distribution,  the  state  superintendent  shall 
furnish  such  district  a  requisition  on  the  state  auditor  for  one-half  the 
purchase  price,  not  exceeding  twenty  dollars  for  the  first  years  purchase 
and  ten  dollars  for  any  subsequent  year  for  each  separate  school  for  which 
a  library  is  so  furnished. 

Provided  first  that  any  school  board  may  agree  with  the  board  of  any 
approved  public  library  for  a  specified  period  to  become  a  branch  of  said 
public  library  and  to  receive  therefrom  library  books  suited  to  the  needs 
of  the  pupils  in  the  school  and  for  the  community.  In  the  event  of  such 
agreement  between  the  school  board  and  the  public  library  board  such 
school  board  may  turn  over  the  books  of  the  school  library  other  than 
those  needed  for  reference  in  the  school  to  the  public  library  and  shall 
in  case  of  such  agreement  annually  pay  to  such  public  library,  the  sum 
to  be  expended  by  the  school  district  for  the  purchase  of  library  books, 
and  any  state  library  aid  to  which  such  school  district  is  entitled.  All 
books  purchased  by  such  public  library  from  funds  provided  by  district  or 
state  library  aid  shall  be  selected  from  the  state  list  for  school  libraries. 
Any  public  library  making  agreement  with  school  districts  for  library  serv- 
ice as  herein  provided  shall  first  be  approved  by  the  superintendent  and  the 
secretary  of  the  public  library  commission,  who  shall  make  suitable  rules 
governing  relationship  between  school  libraries  and  each  public  library  co- 
operating under  the  provisions  of  this  act.     (2950)     See  215. 

Note. For  law  relating  to  additional  aid  for  libraries,  see  section  10.  Chapter 

296,  Laws  of  1916,  being  section  herein. 

249.  Text-books — persons,  companies  or  corporations  to  comply  with 
certain  conditions— Before  any  person,  company  or  corporation  shall  offer 
any  school  text-book  for  adoption,  sale  or  exchan^-.  in  the  State  Ol    Mm 

71 


nesota,  said  person,  company  or  corporation  shall  comply  with  the  following 
conditions: 

First.  File  a  copy  of  such  text-book  in  the  office  of  the  state  superin- 
tendent of  public  instruction,  with  a  sworn  statement  of  the  usual  list  price, 
the  lowest  wholesale  price,  and  the  lowest  exchange  price,  based  on  five- 
year  adoption  periods,  at  which  said  book  is  sold  or  exchanged  for  an  old 
book  in  the  same  subject  of  like  grade  and  kind,  but  a  different  series, 
to  any  school  board,  school  corporation  or  school  text-book  commission 
anywhere  in  the  United  States. 

Second.  File  with  the  state  superintendent  of  public  instruction  a 
written  agreement  (1)  to  furnish  said  book  or  books  to  any  school  board 
in  the  state  of  Minnesota  at  the  said  lowest  prices  so  filed,  and  to  maintain 
said  prices  uniformly  throughout  the  state.  (2)  To  reduce  such  prices 
automatically  in  Minnesota  whenever  reductions  are  made  elsewhere  in  the 
United  States,  and  guarantee  that  at  no  time  shall  any  book  so  filed  by 
said  person,  company  or  corporation  be  sold  in  Minnesota  at  a  higher 
price  than  is  received  for  such  book  elsewhere  in  the  United  States.  (3) 
That  all  text-books  offered  for  sale  in  Minnesota  shall  be  equal  in  quality 
to  those  deposited  in  the  office  of  the  state  superintendent  of  public  in- 
struction as  regards  paper,  binding,  print,  illustrations,  subject-matter  and 
all  points  that  may  affect  the  value  of  said  text-books. 

Third.  File  with  the  state  superintendent  of  public  instruction  a  surety 
bond  of  not  less  than  two  thousand  ($2,000)  and  not  more  than  ten  thou- 
sand dollars  ($10,000),  said  bond,  in  an  amount  to  be  fixed  by  the  state 
superintendent  of  public  instruction,  shall  run  to  the  state  of  Minnesota, 
and  be  approved  by  the  attorney  general.  Upon  compliance  with  the  fore- 
going conditions,  said  person,  company  or  corporation  shall  be  licensed  to 
sell  text-books  in  the  state  of  Minnesota.     (2951)) 

250.  Same;  failure  to  comply — duties  of  county  superintendent — If  in 
any  case  said  person,  company  or  corporation  shall  furnish  to  any  district 
books  inferior  in  any  particular  to  the  samples  on  file  with  the  state  super- 
intendent or  charge  a  higher  price  than  was  filed  with  the  state  superin- 
tendent, or  than  the  same  are  sold  elsewhere  in  the  United  States,  then 
it  shall  be  the  duty  of  the  county  superintendent  on  written  complaint 
filed  with  him  by  the  school  board  of  such  district  or  of  the  city  superin- 
tendent of  a  district  having  a  state  high  school,  or  of  the  principal  ot 
schools  of  a  district  having  a  state  graded  school,  to  inform  the  state  super- 
intendent of  the  failure  of  said  person,  company  or  corporation  to  comply 
with  the  terms  of  his  contract.  The  state  superintendent  shall  thereupon 
notify  the  said  person,  company  or  corporation  of  said  complaint,  and  if  the 
said  person,  company  or  corporation  shall  disregard  the  notification  and  fail 
to  comply  immediately  with  the  terms  of  agreement  filed  with  the  state 
superintendent,  then  the  bond  of  said  person,  company  or  corporation  shall 
be  forfeited  and  the  attorney  general  shall  upon  written  request  of  the  state 
superintendent  proceed  to  collect  the  full  amount  of  the  bond  of  said  per- 
son, company  or  corporation.     (2952) 

251.  Same  books  to  be  chosen  from  list — Whenever  the  publisher  shall 
prepare  an  abridged  or  special  edition  of  any  of  his  books  listed  with  the 
state  superintendent  and  shall  supply  such  special  edition  elsewhere  at  h. 
lower  wholesale  price  than  the  wholesale  price  scheduled  with  the  state 
superintendent,  the  publisher  must  agree  to  furnish  such  special  edition  at 
the  wholesale  price  at  which  it  is  furnished  elsewhere,  so  long  as  it  is  sup- 
plied at  the  said  lower  price  anywhere  outside  of  Minnesota;  and  it  shall 
be  understood  that  the  bond  given  by  the  publisher  shall  cover  this  provi- 
sion as  to  special  edition.  In  case  an  action  is  brought  upon  such  bond, 
the  state,  if  successful,  shall  recover  the  full  amount  of  the  bond,  which 
amount  shall  be  paid  into  the  state  school  fund.  (Section  2953,  G.  S.  1913 
as  amended  by  chapter  256,  Laws  1921.) 

72 


252.  Free  text-books — The  school  board  of  any  school  district  shall, 
when  directed  by  a  vote  of  the  district,  or  when  the  board  deems  it  ad- 
visable, provide  for  the  free  use  of  school  text-books  by  the  pupils  of  their 
school  or  schools,  or  provide  for  the  sale  of  them  to  pupils  at  cost.  But 
no  such  adoption  or  contract  shall  be  for  less  than  three  (3)  or  more  than 
five  (5)  years,  during  which  time  such  books  adopted  shall  not  be  changed. 
(2954) 

253.  Same;  proposition  to  be  submitted  to  voters  of  the  district — 
Whenever  five  or  more  legal  voters  of  any  common  school  district  shall 
petition  the  school  board  to  submit  the  question  of  providing  free  text- 
books to  pupils  attending  its  schools,  it  shall  be  the  duty  of  such  board  to 
submit  the  same  to  the  legal  voters  of  such  district.  Such  question  may  be 
submitted  at  a  special  meeting  by  giving  ten  clays'  notice  thereof,  or  at  any 
annual  meeting.  But  in  any  case  the  notice  of  such  meeting  shall  call  at- 
tention to  the  fact  that  such  question  will  be  submitted,  and  in  case  a 
majority  at  such  meeting  shall  vote  in  favor  of  such  free  text-books,  it 
shall  be  the  duty  of  the  board  to  provide  the  same.     (2955) 

254.  School  boards  to  have  authority  to  purchase — The  school  boards 
of  each  school  district  shall  have  authority  to  purchase  all  necessary  books 
for  indigent  pupils  and  pay  for  the  same  out  of  the  funds  of  the  district. 
(2956) 

As  to  powers  of  boards  of  special  districts  over  text-books,  see  115  M. 
222. 

255.  Attempted  combinations  illegal — duty  of  attorney  general — If  at 
any  time  any  publisher  shall  enter  into  an  understanding,  agreement  or 
combination  to  control  the  prices  or  to  restrict  competition  in  the  adop- 
tion or  sale  of  school  books,  then  the  attorney  general  shall  institute  and 
prosecute  legal  proceedings  for  the  forfeiture  of  the  bond  of  said  publisher 
and  for  the  revocation  of  his  license  to  sell  school  books  in  this  state,  and 
each  and  every  contract  made  by  said  publisher  under  this  article  shall 
thereupon  become  null  and  void  at  the  option  of  the  other- parties  thereto. 
(2957) 

256.  Samples  to  be  placed  on  file  with  state  superintendent — penalty — 
Any  publisher  who  shall  sell  or  offer  for  sale  or  adoption  in  the  state, 
school  text-books  of  any  kind  without  first  placing  samples  of  the  same  on 
file  with,  prices  and  obtaining  a  license  therefor  from  the  state  superin- 
tendent of  pubilc  instruction  shall  be  guilty  of  a  gross  misdemeanor,  and, 
upon  conviction,  shall  be  fined  not  less  than  five  hundred  dollars  and  not 
more  than  two  thousand  dollars.     (2958) 

257.  Superintendent  to  be  disinterested  party— penalty  for  violation— 
If  the  state  superintendent  of  public  instruction,  his  assistant  or  any  em- 
ploye connected  with  his  office,  or  any  member  of  any  school  board,  who 
shall  accept  or  receive  any  money,  gift  or  any  property,  or  favor  whatso- 
ever from  any  person,  firm  or  corporation  offering  for  sale  any  text-books 
or  any  agent  thereof,  or  from  any  person  in  any  way  interested  in  the  sale 
of  text-books  shall,  upon  conviction,  be  punished  by  a  fine  not  exceeding 
five  hundred  ($500)  dollars  or  by  imprisonment  in  the  count  v  jail  for  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment.     (2959) 

258  Same-  teachers,  county  and  city  superintendent  to  be  disinter- 
ested persons— Penalty  for  violation— Any  teacher  in  the  public  schools  of 
Minnesota  or  any  county  or  city  superintendent  of  schools,  or  any  mem- 
ber of  any  school  board  or  board  of  education,  or  any  person  or  persons 
connected  with  the  public  school  system  of  Minn*    ota  In  ipacity  who 

shall  in  any  way  be  interested  in  the  profits,  proceeds  or  sale  of  any 
school  text-books  used  in  the  schools  of  Minn-sot  a  under  his  charge,  or 
with  which  he   is   connected   in  any  official   capacity,  shall  be  liable  to  a 

73 


fine  of  not  less  than  fifty  dollars  ($50),  nor  more  than  two  hundred  dol- 
lars $(200);  provided,  that  this  shall  not  apply  nor  have  reference  to 
royalties  or  profits  received  by  a  person  from  the  sale  of  school  book*  of 
•which  he  is  himself  the  author.     (2960) 


CHAPTER   XI. 

LIBRARIES. 

PART   I 

LIBRARY  DIVISION,   DEPARTMENT    OF  EDUCATION 

(Formerly  Public  Library  Commission) 

Note:  The  functions,  powers  and  duties  of  the  former  State  Public 
Library  Commission  are  now  exercised  and  performed  by  the  State  Board 
of  Education  and  the  sections  of  the  statutes  pertaining  thereto  thus,  by 
reference,  become  a  part  of  the  general  laws  on  education. 

259a.  Purchase  of  books — Office — The  commission  may  purchase  col- 
lections of  books,  to  be  the  property  of  the  state,  and  used  as  a  state  circu- 
lating library,  from  which  any  town,  village,  or  community  may  borrow 
under  prescribed  regulations.  It  shall  divide  such  books  into  groups,  to 
be  known  as  traveling  libraries,  catalog  and  prepare  them  for  circulation, 
and  make  rules  for  the  conduct  of  its  business,  such  as  shall  insure  the 
care,  preservation,  and  safe  return  of  all  books  loaned.  Suitable  rooms 
shall  be  provided  in  the  capitol  for  its  use.     (4913) 

259b.  To  advise  librarians,  etc. — Said  commission  without  charge,  shall 
give  advice  and  instruction  to  the  managers  of  any  public  library,  and  to 
the  trustees  or  agents  of  any  village,  town,  or  community  entitled  to  borrow 
from  said  collections,  upon  any  matter  pertaining  to  the  organization,  main- 
tenance, or  administration  of  libraries.  It  shall  assist,  by  counsel,  and  en- 
couragement, in  the  formation  of  libraries  where  none  exist,  and  may 
send  its  members  to  aid  in  organizing  the  same,  or  in  improving  those 
already  established.     (4914) 

259c.  Statistics,  reports,  disbursements — The  commission  shall  keep 
statistics  of  the  free  public  libraries  of  the  state,  and  a  record  of  the  work 
done  and  the  books  loaned  by  it,  and  report  the  same  to  each  regular 
session  of  the  legislature,  with  a  statement  of  its  expenditures,  the  use 
made  of  the  traveling  libraries,  and  such  other  matters  as  it  deems 
proper.  Upon  presentation  of  itemized  vouchers,  approved  by  at  least 
three  members  of  the  commission,  the  state  auditor  shall  issue  his  war- 
rants for  all  proper  expenditures  hereunder.     (4915) 

PART    II 

COUNTY  FREE  LIBRARIES. 

259d — County  free  libraries — The  board  of  county  commissioners  of 
any  county  in  this  state  is  hereby  authorized  to  establish  and  maintain, 
at  the  county  seat  of  any  such  county,  or  any  other  city  to  be  determined 
by  said  board  of  county  commissioners,  a  public  library  for  the  free  use  of 
all  residents  of  the  county,  and  may  levy  a  tax  not  to  exceed  one  mill  on 
the  dollar  of  all  the  taxable  property  outside  of  any  city  or  village  wherein 
a  free  public  library  is  located,  or  which  is  already  taxed  for  the  support  of 
any  such  library,  the  proceeds  of  which  tax  shall  be  known  as  the  county 
library  fund.     (Section  1,  chapter  445,  Laws  1919.) 

259e.  If  such  county  library  be  not  otherwise  established,  the  board 
of  county  commissioners,  upon  the  petition  of  100  freeholders  of  the  county, 

74 


shall  submit  the  question  of  such  establishment  to  the  voters  at  the  next 
county  election.  If  a  majority  of  the  votes  cast  on  such  question  be  in  the 
affirmative,  the  board  of  county  commissioners  shall  establish  the  library, 
and  levy  a  yearly  tax  for  its  support,  within  the  limits  fixed  by  section  1. 
(Section  2,  chapter  445,  Laws  1919.) 

259f.  If  there  is  a  free  public  library  in  the  county,  the  board  of 
county  commissioners  shall  contract  with  the  board  of  directors  of  such 
library,  upon  such  terms  and  conditions  as  may  be  agreed  upon  between 
such  boards,  for  the  use  of  such  library  by  all  residents  of  the  county,  and 
may  place  under  the  supervision  of  the  said  library  board  the  county  library 
fund,  hereinbefore  provided  for,  to  be  spent  by  said  board  for  the  extension 
of  the  free  use  of  said  library  to  all  residents  of  the  county.  Provided  also 
that  when  there  is  more  than  one  such  free  public  library  in  the  county  the 
board  of  county  commissioners  may  contract  with  one  or  all  of  such  library 
boards  for  such  free  service  if  in  its  judgment  advisable.  (Section  3, 
chapter  445,  Laws  1919.) 

259g.  If  there  is  no  free  library  in  such  county  available  for  use  as 
a  central  library  of  the  county  system,  the  board  of  county  commissioners 
shall  appoint  a  board  of  five  directors;  of  said  directors  first  appointed,  two 
shall  hold  office  for  three  years,  two  for  two  years,  and  one  for  one  year, 
from  the  third  Saturday  of  July  following  their  appointment,  the  term  of 
office  being  specified  by  the  appointing  power,  and  anually  thereafter  the 
board  of  county  commissioners  shall  appoint  one  or  two  directors  for  the 
term  of  three  years  and  until  their  successors  qualify.  The  powers  and 
duties  of  such  board  of  directors  shall  be  the  same  as  those  of  a  board  of 
directors  of  any  free  public  library  in  a  city  or  village,  and  be  governed  by 
the  provisions  of  sections  4918-4924  of  chapter  33  of  the  General  Statutes 
of  Minnesota,  1913.     (Section  4,  chapter  445,  Laws  1919.) 

PART   III. 
PUBLIC  LIBRARIES  AND  READING  ROOMS 

266.  Establishment  and  maintenance — Tax— The  governing  body  of 
any  city  or  village  may  establish  and  maintain  a  public  library  and  reading 
room  or  either  of  them  for  the  use  of  its  inhabitants,  and  by  ordinance 
may  set  apart  for  the  benefit  thereof  real  estate  or  other  public  property 
of  the  municipality.  In  villages  and  cities  of  the  second,  third,  and  fourth 
classes,  it  may  levy  an  annual  tax  of  not  more  than  three  mills,  and  in 
cities  of  the  first  class  of  not  more  than  one  mill,  on  the  dollar,  of  all 
taxable  property  therein,  the  proceeds  of  which  tax  shall  be  known  as  the 
library  fund.     (4916) 

267.  When  established  by  vote — existing  libraries — If  such  library  or 
reading  room  be  not  otherwise  established,  the  governing  body  of  the 
municipality,  upon  the  petition  of  fifty  free-holders  thereof,  shall  submit 
the  question  of  such  establishment  to  the  voters  at  the  next  municipal 
election.  If  two-thirds  of  the  votes  cast  on  said  question  be  in  the  affirma- 
tive, the  governing  body  shall  establish  the  library  or  reading  room,  and 
levy  a  yearly  tax  for  its  support,  within  the  limits  fixed  by  §4916.  All 
public  libraries  and  reading  rooms  heretofore  established  and  now  existing 
in  cities  or  villages  are  continued,  and  all  ordinances  setting  apart  public 
property  for  their  support  are  hereby  confirmed.  Nothing  in  this  chapter 
shall  be  construed  as  abridging  any  power  or  duty  in  respect  to  libraries 
conferred  by  any  city  or  village  charter.     (4917) 

268  Directors— term— removal— When  any  such  library  or  reading 
room  is  established,  the  mayor  of  the  city  or  president  of  the  village,  with 
the  approval  of  the  council,  shall  appoint  a  board  of  nine  directors,  but 
not  more  than  one  of  whom  shall  at  any  time  be  a  member  of  such  gov- 
erning  body.     One-third   of   the   members   shall   hold   office   for  on*  year, 

76 


one-third  for  two  years,  and  one-third  for  three  years  from  the  third  Satur- 
day of  July  following  their  appointment,  the  term  of  office  of  each  being 
specified  by  the  appointing  power;  and  annually  thereafter  such  mayor  or 
president  shall  appoint  three  directors  for  the  term  of  three  years  and 
until  their  successors  qualify.  Such  mayor  or  president,  by  and  with  the 
consent  of  the  council,  may  remove  any  director  for  misconduct  or  neglect. 
(4918) 

269.  Vacancies — compensation — Vacancies  in  the  board  of  directors 
shall  be  reported  to  the  council,  and  filled  by  like  appointment  for  the  unex- 
pired term.  Directors  shall  receive  no  compensation  for  their  services  as 
such.     (4919) 

270.  Organization  of  board — rules — Immediately  after  appointment, 
such  board  shall  organize  by  electing  one  of  its  number  as  president  and 
one  as  secretary,  and  from  time  to  time  it  may  appoint  such  other  officers 
and  employes  as  it  deems  necessary.  The  secretary,  before  entering  upon 
his  duties,  shall  give  bond  to  the  municipality  in  an  amount  fixed  by  the 
directors,  conditions  for  the  faithful  discharge  of  his  official  duties.  The 
board  shall  adopt  such  by-laws  and  regulations  for  the  government  of  the 
library  and  reading  room  and  for  the  conduct  of  its  business  as  may  be 
expedient  and  conformable  to  law.  It  shall  have  exclusive  control  of  the 
expenditure  of  all  moneys  collected  for  or  placed  to  the  credit  of  the 
library  fund  of  the  construction  of  library  buildings,  and  of  the  grounds, 
rooms,  and  buildings  provided  for  library  purposes.  But  all  moneys  re- 
ceived for  such  library  shall  be  paid  into  the  city  or  village  treasury,  be 
credited  to  the  library  fund,  be  kept  separate  from  other  moneys  of  the 
municipality,  and  be  paid  out  only  upon  itemized  vouchers  approved  by  the 
board.  The  board  may  lease  rooms  for  library  use,  fix  the  compensation 
of  employes,  and  remove  any  of  them  at  pleasure.  With  the  approval  of 
the  council  the  board  may  purchase  grounds  and  erect  a  library  building 
thereon.     (4920) 

271.  Non-residents — contract  to  loan  books — tax — Any  board  of  direc- 
tors may  admit  to  the  benefits  of  its  library  persons  not  residing  within 
the  municipality,  under  such  regulations,  and  upon  such  conditions  as  to 
payment  and  security,  as  it  shall  by  rule  prescribe.     Said  board  may  also 

.  contract  with  the  board  of  county  commissioners  of  the  county  in  which 
the  library  is  situated  or  of  adjacent  counties,  or  with  the  village  trustees 
or  governing  body  of  any  neighboring  town,  city  or  village  to  loan  books 
of  said  library,  either  singly  or  in  traveling  libraries,  to  the  residents  of 
said  county,  town,  city  or  village,  upon  such  terms  as  shall  be  agreed  upon 
in  such  contract. 

All  such  boards  or  officers  shall  have  the  power  to  contract  with  the 
board  of  directors  of  any  free  public  library  for  the  use  of  said  library  by 
the  people  of  the  county,  town,  city  or  village  not  having  the  use  of  a  free 
library,  upon  the  same  terms  and  conditions  as  those  granted  to  residents 
in  the  city  or  village  where  the  library  is  located,  and  to  pay  such  library 
board  such  an  amount  annually  as  may  be  agreed  upon  therefor,  and  such 
county,  town,  city  or  village  board  may  establish  a  library  fund  by  levying 
an  annual  tax  of  not  over  one  mill  on  the  dollar  of  all  the  taxable  property 
outside  of  any  city  or  village  wherein  a  free  public  library  is  located  or 
which  is  already  taxed  for  the  support  of  any  such  library.     (4921) 

272.  Directors  now  in  office — report — The  directors  of  any  such 
library  or  reading  room  in  office  under  existing  laws  shall  so  continue  until 
the  expiration  of  their  terms,  but  their  successors  shall  be  appointed  and 
vacancies  filled  under  the  provisions  of  this  chapter.  At  the  first  regular 
meeting  of  the  board  following  the  third  Saturday  of  July,  in  each  year, 
the  board  shall  report  to  the  governing  body  of  the  municipality  all  amounts 
received  during  the  preceding  year,  and  the  sources  thereof,  the  amounts 
expended,  and  for  what  purposes,  the  number  of  books  on  hand,  the  num- 

76 


ber  purchased  and  loaned,  and  such  other  information  as  it  deems  advis- 
able. A  copy  of  such  report  shall  be  filed  with  the  state  library  commission. 
But  nothing  in  this  section  shall  apply  to  libraries  in  cities  of  the  first  class. 
(4922) 

273.  Title  to  property — free  use — All  property  given,  granted,  con- 
veyed, donated,  devised,  or  bequeathed  to,  or  otherwise  acquired  by,  any 
municipality  for  a  library  or  reading  room  shall  vest  in,  and  be  held  in  the 
name  of  such  municipality,  and  any  conveyance,  grant,  donation,  devise, 
bequest,  or  gift  made  to  or  in  the  name  of  any  public  library  or  library 
board  shall  be  deemed  to  have  been  made  directly  to  such  municipality. 
Every  library  and  reading  room  established  under  this  chapter  shall  be 
forever  free  to  the  use  of  the  inhabitants  of  the  municipality,  subject  to 
such  reasonable  regulations  as  the  directors  may  adopt.     (4923) 

274.  Gifts,  etc. — contracts — With  the  consent  of  the  governing  body 
of  any  city  or  village,  expressed  by  ordinance  or  resolution,  and  within  the 
limitations  of  this  chapter  as  to  the  rate  of  taxation,  the  library  board  may 
accept  any  gift,  grant,  devise,  or  bequest  made  or  offered  by  any  person 
for  library  purposes,  or  for  the  establishment,  enlargement,  or  maintenance 
of  an  art  gallery  or  museum  in  connection  with  its  library,  and  may  carry 
out  the  conditions  of  such  donation.  And  the  municipality  in  all  such  cases 
is  authorized  to  acquire  a  site,  levy  a  tax,  and  pledge  itself  by  ordinance 
or  resolution  to  a  perpetual  compliance  with  all  the  terms  and  conditions 
of  the  gift,  grant,  devise,  or  bequest  so  accepted.  All  ordinances  adopted 
in  reference  to  such  donations  prior  to  the  taking  effect  of  the  Revised 
Laws  are  hereby  legalized  and  confirmed.     (4924) 

275.  Malicious  injury  to  books — Every  person  who  shall  maliciously 
cut,  tear,  deface,  soil,  obliterate,  break,  or  destroy  a  book,  map,  chart, 
picture,  engraving,  statue,  coin,  model,  apparatus,  specimen,  or  other  work 
of  literature,  or  object  of  art  or  curiosity,  deposited  in  a  public  library, 
gallery  or  museum  collection,  fair  or  exhibition,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  three  years,  or  in  a 
county  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  by  both.     (8940) 


PART   IV. 
SCHOOL  LIBRARIES 

276.  Maintenance  of  school  libraries— Every  school  district  may  pro- 
vide library  facilities  as  part  of  its  school  equipment,  according  to  the 
standards  of  the  State  Board  of  Education.  (Section  1,  chapter  397,  Laws 
1921.) 

277.  Same— The  school  board  of  any  school  district  may  vote  sufficient 
funds  for  the  maintenance  of  the  school  library,  appoint  a  librarian,  and 
make  rules  for  the  use  and  management  of  the  library.  (Section  2,  chap- 
ter 397,  Laws  1921.) 

278  Same— In  cities  and  villages  of  less  than  two  thousand  people, 
not  levying  a  tax  for  public  library  purposes,  the  school  board  may  main- 
tain a  public  library  for  the  use  of  all  residents  of  the  district,  and  provide 
ample  and  suitable  rooms  for  its  use  in  the  school  building.  (Section,  3, 
chapter  397,  Laws  1921.) 

279  Same— The  State  Department  of  Education  shall  from  time  to 
time  prepare  and  amend  a  list  of  books  suitable  for  school  libraries,  includ- 
ing dictionaries  and  other  books  of  reference,  histories  and  works  of  biog- 
raphy, literature,  political  ecor.omy,  agriculture,  travel  and  science.  (Sec- 
tion 4*,  chapter  397,  Laws  1921.) 

77 


279a.  Same — Upon  receiving  from  any  district  a  certified  statement, 
approved  by  the  county  superintendent  showing  the  purchase  of  books  spec- 
ified and  included  in  the  list  prepared  under  the  foregoing  section,  the  ap- 
pointment of  a  librarian  for  each  library  and  the  making  of  proper  provi- 
sions for  the  care  thereof,  and  for  the  free  circulation  of  books  suitable  for 
circulation,  the  State  Commissioner  of  Education  shall  furnish  such  dis- 
trict a  requisition  on  the  state  auditor  for  one-half  the  purchase  price, 
within  the  limitations  of  section  7  of  the  Laws  of  1921,  relating  to  state 
aid  to  public  schools.     (Section  5,  chapter  397,  Laws  1921.) 

279b.  Same — Any  school  board  may  contract  with  the  board  of  any  ap- 
proved county,  city  or  village  library  to  become  a  branch  of  said  public 
library  and  to  receive  therefrom  library  books  suited  to  the  needs  of  the 
pupils  in  the  school,  and  for  the  community,  according  to  the  standards 
established  in  the  rules  of  the  State  Board  of  Education.  In  the  event  of 
such  contract  between  the  school  board  and  the  public  library  board,  such 
school  board  may  place  in  the  public  library'  such  books  belonging  to  the 
school  library  as  may  be  more  useful  in  the  public  library  for  students  and 
the  community,  and  such  school  board  shall  annually  pay  to  such  library 
board,  the  school  library  book  fund  and  the  state  library  aid  to  which  such 
school  district  is  entitled.  All  books  purchased  by  such  public  library  from 
funds  provided  by  the  school  district  or  state  school  library  aid  shall  be 
selected  from  the  state  list  for  school  libraries. 

In  the  event  of  the  making  of  such  contract,  a  librarian  shall  be  em- 
ployed who  meets  the  standards  of  the  State  Board  of  Education  and  the 
school  board  and  library  board  may  jointly  employ  such  librarian  who  may 
spend  her  time  partly  in  the  school  and  partly  in  the  library.  (Section  6, 
chapter  397,  Laws  1921.) 

279c.  Any  school  district  may  receive  aid  .for  the  purchase  of  library 
books  on  the  basis  of  twenty  dollars  ($20.00)  for  each  teacher  employed  with 
a  maximum  of  forty  dollars  ($40.00)  for  each  school  building  in  the  district, 
provided  the  district  appropriates  a  like  amount  for  the  same  purpose. 
(Section  7,  chapter  467,  Laws  1921.) 


XII. 
COMPULSORY  EDUCATION— CHILD  LABOR. 

280.  Attendance  age — English  language — common  branches — require- 
ments of  school. 

Every  child  between  eight  and  sixteen  years  of  age  shall  attend  a 
public  school,  or  a  private  school,  in  each  year  during  the  entire  time  the 
public  schools  of  the  district  in  which  the  child  resides  are  in  session; 
provided,  however,  that  no  child  shall  be  required  to  attend  public  school 
more  than  (10)  months  during  any  calendar  year.  In  districts  maintain- 
ing terms  of  unequal  length  in  different  public  schools,  this  requirement 
shall  be  satisfied  by  attendance  during  the  shorter  term. 

A  school,  to  satisfy  the  requirements  of  compulsory  attendance,  must 
be  one  in  which  all  the  common  branches  are  taught  in  the  English  language, 
from  text-books  written  in  the  English  language  and  taught  by  teachers 
qualified  to  teach  in  the  English  language.  A  foreign  language  may  be 
taught  when  such  language  is  an  elective  or  a  prescribed  subject  of  the 
curriculum,  but  not  to  exceed  one  hour  in  each  day. 

Such  child  may  be  excused  from  attendance  upon  application  of  his 
parent,  guardian,  or  other  person  having  control  of  such  child,  to  any  mem- 
ber of  the  school  board,  truant  officer,  principal,  or  city  superintendent, 

* 


for  the  whole  or  any  part  of  such  period,  by  the  school  board  of  the  dis- 
trict in  which  the  child  resides,  upon  its  being  shown  to  the  satisfaction  of 
such  board; 

1.  That  such  child's  bodily  or  mental  condition  is  such  as  to  prevent 
his  attendance  at  school  or  application  to  study  for  the  period  required;  or 

2.  That  such  child  has  already  completed  the  studies  ordinarily 
required  in  the  eight  grade;  or 

3.  That  there  is  no  public  school  within  reasonable  distance  of  his 
residence,  or  that  conditions  of  weather  and  travel  make  it  impossible  for  the 
child  to  attend;  provided,  first  that  any  child  fourteen  (14)  years  of  age  or 
over,  whose  help  may  be  required  in  any  permitted  occupation  in  or  about 
the  home  of  his  parent  or  guardian  may  be  excused  from  attendance  be- 
tween April  1st  and  November  1st  in  any  year;  but  this  proviso  shall  not 
apply  to  any  cities  of  the  first  and  second  class;  provided,  second,  that 
nothing  in  this  act  shall  be  construed  to  prevent  a  child  from  being  absent 
from  school  on  such  days  as  said  child  attends  upon  instruction  according  to 
the  ordinances  of  some  church. 

The  clerk,  or  any  authorized  officer  of  the  public  board  shall  issue 
and  keep  a  record  of  such  excuses,  under  such  rules  as  the  board  may  from 
time  to  time  establish.  (Section  2979,  G.  S.  1913,  as  amended  by  chapter 
320,  Laws,  1919.) 

A  school  conducted  by  a  parent  for  his  children  at  home  is  a  private  school 
under  the  statute  where  the  parent  is  competent,  the  equipment  is  sufficient  and 
the  instruction  is  in  the  same  subjects  and  equal  to  that  received  in  public  schools. 
(Hilton,   October  16,   1918.) 

You  ask  for  a   construction  of  chapter  356,  General     Laws  of  1911,   and   inquire 
as  to  age  of  children  that  parents  are  compelled  to  send  to  school. 

You  are  advised  that  under  the  compulsory  education  law  chilren  between 
the  ages  of  eight   (8)   and  sixteen   (16)   years  old  must  attend  school. 

The  compulsory  education  law  does  not  apply  to  children  who  have  attained 
their  sixteenth   birthday.      (Smith,    Feb.    5,    1913.) 

See  sections  279G-2797,  G.   S.   1913. 

281.  Same;  duty  of  school  board— It  shall  be  the  duty  of  each  school 
board,  through  its  clerk  or  other  authorized  agent  or  employe,  to  report  the 
names  of  children  between  six  (6)  and  sixteen  (16)  years  of  age,  with  the 
excuses,  if  any,  granted  in  such  district,  to  the  principal  teacher  thereof, 
within  the  first  week  of  school,  and  any  subsequent  excuses  granted  shall 
be  forthwith  reported  in  the  same  manner.  The  principal  teacher  shall 
provide  the  teachers  in  the  several  schools  under  his  supervision  with  the 
necessary  information  for  the  respective  grades  of  schools,  relating  to  the 
list  of  pupils  with  excuses  granted.  On  receipt  of  the  list  of  such  pupils 
of  school  age  and  the  excuses  granted,  the  principal  teacher  in  a  common, 
semi-graded  or  consolidated  rural  school  shall  report  the  names  of  children 
not  excused,  who  are  not  attending  school,  with  the  names  and  addresses 
of  their  parents,  to  the  county  superintendent  of  schools  within  five  days 
after  receiving  the  clerk's  report.  The  several  teachers  in  state  graded 
and  state  high  schools  shall  report  to  the  principal  or  to  the  city  superin- 
tendent in  like  manner.     (2980) 

The  provision  in  regard  to  children  of  six  (6)  years  of  age  and  between  six 
and  eight  has  reference  simply  to  reports,  and  the  law  does  not  make  it  compul- 
sory upon  children  under  eight  (8)  years  of  age  to  be  sent  to  school.     (Smith,  191..) 

282.  Same;  duty  of  county  superintendent,  principal  teacher,  etc. — 
The  county  superintendent  of  schools  shall  forthwith  notify  the  parent, 
guardian  or  person  in  charge  to  send  such  child  to  school  of  whose  unexr- 
cused  absence  he  has  been  informed,  and  upon  their  neglect  or  refusal  to 
comply  with  the  notification,  the  county  superintendent  shall,  upon  receipt 
of  information  of  such  non-compliance,  notify  the  county  attorney  of  the 
facts  in  each  case.  The  principal  of  a  graded  school  or  the  superintendent 
of  a  district  maintaining  a  high  school  or  a  city  superintendent,  shall  pro- 

79 


ceed  in  like  manner  as  provided  in  this  section  respecting  the  county  su- 
perintendent of  schools.  (Section  2981,  G.  S.  1913  as  amended  by  chapter 
188,  Laws  1921.) 

Notice  of  non-attendance  should  be  in  writing  and  should  be  served  when- 
ever a  child  ceases  to  attend  school.     (Hilton,  May,  1919.) 

283.  Same;  parent  guilty  of  misdemeanor  for  violation — Any  person 
who  shall  refuse  or  fail  to  keep  in  school  any  child  or  children  of  whom 
he  has  legal  charge  or  control,  and  who  is  required  by  law  to  attend  school, 
when  notified  so  to  do  as  hereinbefore  provided,  and  any  person  who  in- 
duces or  attempts  to  induce  any  child  unlawfully  to  absent  himself  from 
school,  or  who  knowingly  harbors,  or  employs  while  school  is  in  session 
any  child  unlawfully  absent  from  school,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  to  exceed  fifty  ($50)  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  more  than  thirty  (30)  days.     (2982) 

284.  Same:  school  officer,  etc.,  guilty  of  violation — Any  school  officer, 
truant  officer,  teacher  of  a  public  or  private  school,  graded  school  principal, 
city  superintendent  or  county  superintendent  of  schools  refusing,  wilfully 
failing,  or  neglecting  to  perform  any  duty  imposed  upon  him  by  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  for  each  offense  by  a  fine  not  to  exceed  ten  ($10)  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  to  exceed  ten  (10)  days. 
All  such  fines,  when  collected,  shall  be  paid  into  the  county  treasury  for 
the  benefit  of  the  school  district  in  which  such  offense  is  committed.     (2983) 

285.  Same;  duty  of  commissioner  of  labor — The  commissioner  of  labor 
and  his  assistants  shall  assist  in  the  enforcement  of  the  provisions  of 
fnis  act  and  shall  have  authority  to  examine  the  excuses  granted  under 
this  act,  to  make  investigation  into  the  causes  for  which  excuses  have  been 
granted,  and  to  revoke  and  cancel  any  that  may  be  found  to  be  granted 
without  proper  or  sufficient  cause.     (2984) 

286.  School  census,  state  aid  withheld  until  taken — A  complete  school 
census  shall  be  in  taken  in  every  school  district,  common,  independent  and 
special,  between  July  1  and  October  1,  of  all  children  between  six  (6)  and 
sixteen  (16)  years  of  age,  which  census  shall  show  the  name  and  date  of 
birth  of  each  person  required  to  be  enumerated,  and  the  name  and  ad- 
dress of  his  parent,  guardian  or  other  person  having  charge.  The  school 
census  shall  be  taken  by  the  clerk  or  the  school  board,  or  by  some  othar 
person  or  persons  appointed  by  the  school  board.  Such  person  or  per- 
sons taking  such  census  shall  make  two  extra  copies  thereof,  shall  certify 
to  the  school  board  the  correctness  of  the  enumeration  and  the  information 
therein  contained.  The  clerk  shall  retain  the  original  in  his  office,  send 
one  copy  to  the  county  superintendent,  and  one  copy  to  the  principal 
teacher,  principal  or  city  superintendent  of  the  school  district,  before  the 
firfist  day  of  school  of  each  school  year,  or  as  soon  as  said  census  has  been 
taken.  The  compensation  for  taking  said  school  census  and  making  the 
extra  copies  thereof  shall  be  three  (3)  cents  for  each  pupil  enumerated, 
as  shown  by  the  census  list,  except  that  in  cities  the  school  board  shall 
fix  the  compensation  for  this  work.  The  superintendent  of  public  instruc- 
tion and  high  school  board  are  authorized  and  directed  to  withhold  the 
special  state  aid  from  any  school  district'  which  shall  fail  in  any  year 
to  take  the  school  census  until  such  census  has  been  taken,  as  herein 
provided  for.     (2985) 

287.  Truant  schools;  juvenile  court — iSuch  boards  may  maintain  unr- 
graded  schools  for  the  instruction  of  children  of  the  following  classes  be- 
tween eight  and  sixteen  years  of  age: 

1.  Habitual  truants. 

2.  Those  incorrigible,  vicious  or  immoral  in  conduct. 

80  '    :-~!    I 


282— Continued. 

It  shall  be  the  duty  of  the  principal  teacher  or  other  person  in  charge  of 
any  private  school  to  make  reports  at  such  times  and  containing  such  in- 
formation as  is  herein  required,  respecting  public  schools.  Such  reports 
shall  be  made  to  the  county  superintendent  of  schools  in  whose  county 
such  private  school  is  located,  except  where  such  private  school  is  located 
in  a  city  or  in  a  district  maintaining  a  high  school,  or  a  graded  school, 
such  reports  shall  be  made  to  the  city  superintendent  of  schools  or  to  the 
superintendent  or  principal  of  the  high   or  graded  school. 

The  county  superintendent,  city  superintendent,  principal  of  graded 
school  or  superintendent  of  a  district  maintaining  a  high  school,  as  the  case 
may  be,  shall  make  and  file  a  criminal  complaint  against  the  person  or 
persons  neglecting  or  refusing  to  comply  with  the  provisions  of  this  act 
relating  to  the  sending  of  a  child  or  children  to  school,  in  any  court  in  said 
county  having  jurisdiction  of  the  trial  of  misdemeanors,  and  upon  making 
of  such  complaint  a  warrant  shall  be  issued  and  proceedings  and  trial  he 
had  as  provided  by  law  in  cases  of  misdemeanors.  All  prosecutions  under 
this  chapter  shall  be  conducted  by  the  county  attorney  of  the  county 
wherein  the  offense  is  committed."  (Section  2981,  G.  S.  1903  as  amended 
by  chapter  188,  Laws  1921.) 


289.  Child  labor  prohibited  during  school  terms — No  child  under  four- 
teen (14)  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
At  any  time,  in  or  in  connection  with  any  factory,  mill  or  workshop,  or 
in  any  mine;  or  in  the  construction  of  any  building,  or  about  any  engineer- 
ing work;  it  shall  be  unlawful  for  any  person,  firm  or  corporation,  to  em- 
ploy or  exhibit  any  child  under  fourteen  (14)  yeais  of  age  in  any  business 
or  service  whatever,  during  any  part  of  the  term  during  which  the  public 
schools  of  the  district  in  which  the  child  resides  are  in  session,  except 
pursuant  to  consent  of  the  mayor  or  president  of  the  council  of  the  village, 
for  participation  by  children  in  theatrical  exhibitions  or  concerts,  as  pro- 
vided in  section  10  hereof.     (3839) 

A  child   may   not  be    employed    during   a    school    term    even    though    the    schools 
are  closed  because  of  an  epidemic.     (Hilton,  Dec.  9,  1918.) 

290.  Same;  children  between  fourteen  and  sixteen;  when  may  be  em- 
ployed— It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  employ- 
any  child  over  fourteen  years  of  age,  and  under  sixteen  years  of  age.  m 
any  business  or  service  whatever,  during  any  part  of  the  term  during  which 
the  public  schools  of  the  district  in  which  the  child  resides  are  in  ses- 
sion, unless  the  employer  procures  and  keeps  accessible  to  the  truant  officer 
of  the  town  or  city  and  to  the  commissioner  of  labor,  assistant  com- 
missioner of  labor,  factory  inspectors  and  assistants,  an  employment  cer- 
tificate as  herein  prescribed  and  a  list  of  all  such  children  employed.  On 
termination  of  the  employment  of  a  child,  such  certificate  shall  be  forth- 
with surrendered  by  the  employer  to  the  official  who  issued  the  same.   (3840) 

291.  Same;  employment  certificates;  when  and  how  issued — An  em 
ployment  certificate  shall  be  issued  only  by  the  superintendent  of  schools, 
or  by  someone  authorized  by  him  so  to  do,  or.  where  there  is  no  BUperin 
tendent  of  schools,  by  the  chairman  of  the  school  board  or  the  chairman 
of  the  board  of  education,  or  by  a  person  authorized  by  Buch  chairman; 
provided,  that  no  superintendent  of  schools,  m<  of  the  school  board  or 
board  of  education  or  other  person  authorize  d,  as  aforesaid,  shall  have 
authority  to  issue  such  certificates  for  any  child  then  in  or  about  to  enter 
his  own  employment  or  the  employment  of  a  firm  or  corporation  of  which 
he  is  a  member,  officer  or  employe.     (3841) 

81 


292.  Same;  employment  certificate;  terms  of  issue — The  person  au- 
thorized to  issue  an  employment  certificate  shall  not  issue  such  certificate 
until  he  has  received,  examined,  approved  and  retained  in  his  possession 
for  the  inspection  of  the  public,  the  following  papers  duly  executed:  (1) 
The  school  record  of  such  child,  properly  filled  out  and  signed  by  the 
principal  of  the  school  which  the  child  last  attended,  and  if  there  is  no 
principal,  then  by  the  teacher  of  such  child  in  said  school  which  shall 
be  furnished  on  demand  to  a  child  entitled  thereto.  (2)  A  duly  attested 
transcript  of  the  birth  certificate,  filed  according  to  law  with  the  officer 
charged  with  the  duty  of  recording  births  which  shall  be  conclusive  evi- 
dence of  the  birth  of  such  child.  (3)  The  affidavit  of  the  parent  or  guardian 
or  custodian  of  the  child,  showing  the  place  and  date  of  birth  of  such 
child,  but  such  affidavit  shall  not  be  required  unless  the  last  mentioned 
transcript  of  the  certificate  of  birth  cannot  be  produced;  which  affidavit 
must  be  taken  before  the  officer  issuing  the  employment  certificate,  who 
is  hereby  authorized  and  required  to  administer  such  oath  and  shall  not 
demand  or  receive  a  fee  therefor.  Such  employment  certificate  shall  not 
be  issued  until  such  child  has  personally  appeared  before  and  been  ex- 
amined by  the  officer  issuing  the  same  and  until  such  officer  shall,  after 
making  an  examination,  make  and  retain  for  inspection  by  the  public,  a 
statement,  that,  in  his  opinion,  the  child  is  fourteen  years  of  age  or  up- 
wards, and  until  such  officer  shall  have  received  a  certificate  from  a  reput- 
able practicing  physician  duly  designated  for  such  purpose  by  the  school 
board  affirming  that  the  child  has  reached  the  normal  development  of  a 
child  of  its  age,  and  is  in  sound  health  and  is  physically  able  to  perform 
the  work  which  it  intends  to  do.  Every  such  employment  certificate  shall 
be  signed  in  the  presence  of  the  officer  issuing  the  same,  by  the  child  in 
whose  name  it  is  issued,  and  shall  only  be  issued  to  children  who  have 
completed  the  studies  taught  in  the  common  schools  of  the  district  in 
which  they  reside  or,  a  parochial  or  private  school  in  which  the  curriculum 
is  equal  to  the  common  schools  of  the  district;  provided,  however,  that  no 
child  shall  be  granted  such  certificate  who  is  not  able  to  read  and  write 
simple  sentences  in  the  English  language.     (3842) 

293.  Same;  employment  certificate  to  describe  child — Such  employ- 
ment certificate  shall  state  the  date  and  place  of  birth  of  the  child,  and  de- 
scribe the  color  of  the  hair  and  eyes  and  height  and  weight  and  any  dis- 
tinguishing facial  marks  of  such  child,  and  that  the  papers  required  by  the 
preceding  section  have  been  duly  examined,  approved  and  retained  for  in- 
spection by  the  public  and  that  the  child  named  in  such  certificate  has 
appeared  before  the  officer  signing  the  certificate  and  been  examined. 
(3843) 

294.  School  officers  to  report  to  commissioner  of  labor — The  super- 
intendent of  schools  and  chairman  of  school  boards  and  of  the  boards  ot 
education,  shall  transmit  between  the  first  and  tenth  day  of  each  month 
to  the  office  of  the  comissioner  of  labor  of  the  state  a  list  of  the  names 
of  the  children  to  whom  certificates  have  been  issued.  The  report  shall 
give  the  date  of  issuing  the  certificate  and  the  date  of  expiration;  the 
age  and  sex  of  the  child;  the  name  of  the  employers  and  the  nature  of 
the  occupation  the  child  is  permitted  to  engage  in,  and  any  one  failing  to 
transmit  the  list  herein  proivded  for,  shall  be  guilty  of  a  misdemeanor. 
(3844) 

295.  Hours  of  labor  of  child  under  sixteen — No  person  under  the  age 
of  sixteen  years  shall  be  employed,  or  suffered  or  permitted  to  work  at 
any  gainful  occupation  more  than  forty-eight  hours  in  any  one  week,  nor 
more  than  eight  hours  in  any  one  day;  or  before  the  hour  of  7:00  o'clock 
in  the  morning  or  after  the  hour  of  7:00  o'clock  in  the  evening.  Every 
employer  shall  post  in  a  conspicuous  place  in  every  room  where  such 
minors  are  employed,  a  printed  notice  stating  the  hours  required  of  them 
each  day  of  the  week,  feb«  hours  of  commencing  and  stopping  work,  and 

82 


the  hours  when  the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end.  The  printed  form  of  such  notice  shall  be  furnished  by  the 
commissioner  of  labor  of  the  state,  and  the  employment  of  any  minor  for 
longer  time  in  any  one  day  so  stated,  or  between  the  hours  of  7:00  o'clock 
in  the  evening  and  7:00  in  the  morning,  shall  be  deemed  a  violatiun 
of  this  section.     (3845) 

296.  Violations  of  law;  penalties — Whoever  employs  a  child  under  six- 
teen years  of  age,  and  whoever,  having  under  his  control  a  child  under  such 
age,  permits  such  child  to  be  employed  in  violation  of  section  1,  2,  or  7  of  this 
act,  shall,  for  such  offense,  be  fined  not  less  than  $25.00  nor  more  than  $50.00; 
and  whoever  continues  to  employ  any  child  in  violation  of  any  of  said  sec- 
tions of  this  act  after  being  notified  by  a  truant  officer  or  commissioner  of 
labor  of  the  state,  shall  for  every  day  thereafter,  that  such  employment  con- 
tinues, be  fined  not  less  than  $5.00  nor  more  than  $20.00  additional  for  each 
day  that  such  employment  continues.  A  failure  to  produce  to  a  truant  oftcer 
or  any  official  of  the  labor  department,  any  employment  certificate  or  list 
required  by  this  act  shall  be  prima  facie  evidence  of  the  illegal  employment 
of  any  person  whose  employment  certificate  is  not  produced,  or  whose  name 
is  not  so  listed.  Any  corporation  or  employer  retaining  employment  cer- 
tificates in  violation  of  section  2  of  this  act  shall  be  fined  $10.00.  Every 
person  authorized  to  sign  the  certificate  prescribed  by  section  5  of  this  act, 
who  knowingly  certifies  any  false  statement  therein  shall  be  fined  not  more 
than  $50.00.     (3846) 

297.  Powers  of  truant  officers — Officials  of  the  labor  department  and 
the  truant  officers  may  visit  all  factories,  mills,  workshops,  mines,  mercan- 
tile establishments  and  all  other  places  where  labor  is  employed  and  ascer- 
tain whether  any  minors  are  employed  contrary  to  the  provisions  of  this  act, 
and  they  shall  report  any  case  of  such  illegal  employment  to  the  school  su- 
perintendent or  to  the  chairman  of  the  school  board  or  board  of  education 
and  to  the  commissioner  of  labor  of  the  state.  Officials  of  the  labor  depart- 
ment and  truant  officers  may  require  that  the  employment  certificates  and 
lists  provided  for  in  this  act  of  minors  employed,  shall  be  produced  for 
their  inspection.  Complaints  for  offenses  under  this  act  may  be  brought 
by  any  official  of  the  state  labor  department,  and  any  one  who  shall  refuse 
to  allow  visitation  in  this  section  provided  for,  shall  be  guilty  of  a  misde- 
meanor.    (3847) 

298.  Terms  of  employment  of  children  under  16 — That  no  children 
under  the  age  of  sixteen  (16)  years  shall  be  employed  at  sewing  belts,  in 
any  capacity  whatever;  nor  shall  any  children  adjust  any  belt  to  any  ma- 
chinery; they  shall  not  oil,  or  assist  in  oiling,  wiping  or  cleaning  machinery, 
they  shall  not  operate  or  assist  in  operating  circular  or  band  saws,  wood 
shapers,  wood  jointers,  planers,  sand  paper  or  wood  polishing  machinery, 
emery  or  polishing  wheels  used  for  polishing  metal,  wood  turning  or  boring 
machinery,  stamping  machines  in  sheet  metal  and  tinware  manufactur- 
ing, stamping  machines  in  washer  and  nut  factories,  operating  corru- 
gating rolls,  such  as  are  used  in  roofing  factories,  nor  shall  they  be  em- 
ployed in  operating  any  steam  boiler,  steam  machinery,  or  other  steam  gen- 
erating apparatus,  or  as  pin  boys  in  any  bowling  alleys,  they  shall  not  op- 
erate, or  assist  in  operating  dough  grates,  or  cracker  machinery  of  any 
description;  wire  or  iron  straightening  machinery,  nor  shall  they  operate, 
or  assist  in  operating  rolling  mill  machinery,  punches  or  shares,  washing, 
grinding  or  mixing  mill  or  calendar  rolls  in  rubber  manufacturing;  nor 
shall  they  operate,  or  assist  in  operating  laundry  machinery;  nor  shall  they 
be  employed  in  any  capacity  in  preparing  any  composition  in  which  dan- 
gerous or  poisonous  acids  are  used,  and  they  shall  not  be  employed  in  any 
capacity  in  the  manufacturing  of  paints,  colors  or  white  lead;  nor  shall  they 
be  employed  in  any  capacity  whatever  in  operating,  or  assisting  to  operate 
any  passenger  or  freight  elevators;  nor  shall  they  be  employed  In  any  ca- 
pacity whatever  in  the  manufacture  of  goods  for  immoral  purposes,  or  In 
any  other  employment  dangerous  to  their  lives,  or  their  health  or  morals; 

88 


nor  in  any  theatre,  concert  hall,  saloon,  or  place  of  amusement.  Provided 
that  this  section  shall  not  apply  to  the  employment  of  any  child  as  a  singer 
or  musician  in  a  church,  school  or  academy,  or  in  teaching  or  learning  the 
science  or  practice  of  music;  or  as  a  musician  in  any  concert,  or  in  a 
theatrical  exhibition  with  the  written  consent  of  the  mayor  of  the  city,  or 
the  president  of  the  council  of  the  village,  w  here  such  concert  or  exhibition 
takes  place.  Such  consent  shall  not  be  given  at  any  time  for  any  child,  local 
or  transient,  under  ten  years  of  age,  nor  in  any  case  unless  written  appli- 
cation be  made  to  the  officer  empowered  to  give  such  consent  at  least 
seventy-two  (72)  hours  previous  to  any  performance  for  which  such  consent 
may  be  given.  Such  application  and  the  consent  based  thereon  shall  specify 
the  name  of  the  child,  its  age,  and  the  names  and  residence  of  its  parents 
and  guardians,  the  nature,  kind,  duration  and  number  of  performances  de- 
sired or  permitted,  together  with  the  places  and  character  of  tho  exhibition. 
The  mayor  of  the  city,  or  president  of  the  council  of  the  village,  may  grant 
such  consent,  and  shall  at  least  forty-eight  (48)  hours  before  the  first  per- 
formance or  exhibit  forward  to  the  commissioner  of  labor  and  to  the  sec- 
retary of  the  Minnesota  child  labor  committee,  a  notice  of  said  application 
and  consent;  and  if  it  shall  appear  to  such  commissioner  or  secretary,  or 
assistants,  that  such  consent  is  in  violation  of  any  existing  law,  or  that  the 
character  of  the  performance  is  such  as  to  be  dangerous  to  the  life,  or  limb, 
or  injurious  to  the  health  or  morals  of  such  child,  then  the  commissioner  of 
labor  shall  have  power  to  suspend  the  operation  of  such  consent  ponding  in- 
vestigation, and  shall  have  power  upon  such  investigation  to  revoke  such 
consent.  The  applicant  shall  be  promptly  notified  of  any  suspension  or 
revocation  of  a  permit,  and  of  the  time  and  place  of  any  proposed  investiga- 
tion, and  shall  have  the  right  to  appear  at  such  investigation  and  be  heard. 
If  a  permit  be  revoked  for  any  reason  other  than  the  unsuitableness  of  the 
proposed  place,  the  child  for  whom  said  permit  is  requested  shall  not  be 
permitted  to  appear  in  the  proposed  exhibition  at  any  point  within  this 
state  for  a  period  of  one  year  thereafter;  and  the  fact  that  a  permit  may  be 
thereafter  granted  by  a  mayor  or  president  of  the  council  for  such  child 
to  appear  in  such  exhibition  shall  not  be  a  bar  to  a  prosecution  for  violation 
of  this  act.  But  no  such  consent  shall  be  construed  to  authorize  any  viola- 
tion of  paragraphs  one,  three  and  four  of  section  4939,  Revised  Laws  of 
1905;  nor  shall  females  under  sixteen  (16)  years  of  age  be  employed  in  any 
capacity  where  such  employment  compels  them  to  remain  standing  con- 
stantly. Provided,  that  in  any  action  brought  against  an  employer  of  any 
child  under  sixteen  (16)  years  of  age  on  account  of  injuries  sustained  by 
the  child  while  so  employed,  if  the  employer  shall  have  obtained,  and  kept 
on  file  in  the  like  manner  as  herein  provided  for  employment  certificates,  an 
affidavit  of  the  parent  or  guardian,  stating  in  substance  that  the  child  is  not 
less  than  sixteen  (16)  years  of  age,  such  employmen  shall  not  be  deemed 
a  violation  of  this  act.  Any  person  employing  any  child  in  violation  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor.     (3848) 

299.  Boys  under  18  not  to  be  employed  in  certain  occupations — No  boy 
under  the  age  of  18  years  shall  be  employed  or  permitted  to  work  as  a 
messenger  for  a  telegraph  or  messenger  company  in  the  distribution,  trans- 
mission or  delivery  of  goods  or  messages  before  5  o'clock  in  the  morning  or 
after  9  o'clock  in  the  evening  of  any  day;  and  no  girl  under  the  age  of  21 
years  shall  be  thus  employed  at  any  time.  Any  person  employing  any  child 
in  violation  of  the  provisions  of  this  section  shall  be  guilty  of  a  misde- 
meanor.    (3849) 

300.  Physician's  certificate  of  fitness — In  case  any  child  appears  to  be 
unable  to  perform  the  labor  at  which  he  or  she  is  employed,  the  officials  of 
the  labor  department  or  truant  officers,  shall  require  the  employer  of  such 
child  to  procure  a  certificate  from  a  reputable  practicing  physician  duly 
designated  for  such  purpose  by  the  school  board,  affirming  the  physical  fit- 
ness of  the  child  for  such  work,  and  a  child  as  to  whom  such  certificate  can 
not  be  obtained  shall  not  be  employed.     Any  person  refusing  to  produce  the 

84 


certificate  herein  required  upon  demand,  or  who  shall  employ  a  child  when 
a  certificate  has  been  procured  stating  that  such  child  is  physically  unable 
to  work,  shall  be  guilty  of  a  misdemeanor.     (3850) 

301.  Relief  for  indigent  children  of  school  age — Every  Board  of  Edu- 
cation or  school  board  of  any  school  district  shall  investigate  or  cause  to 
be  investigated,  by  a  truant  officer  or  other  authorized  officer,  all  cases 
reported  to  it  or  coming  to  its  knowledge  of  any  child  within  its  jurisdic- 
tion required  by  law  to  attend  school  that  it  is  claimed  to  be  unable  to  do 
so  by  reason  of  the  fact  that  the  services  of  such  child  are  required  for 
the  support  of  himself  or  herself,  or  to  assist  in  the  support  or  care  of 
others  legally  entitled  to  his  or  her  services,  such  person  or  persons  being 
unable  to  support  or  care  for  themselves,  and  when  such  Board  of  Educa- 
tion, or  school  board  shall  report  to  the  county  auditor  of  the  county  in 
which  the  school  district  is  situated  the  facts  as  ascertained  by  them  and 
that  such  relief  is  necessary,  and  thereupon  the  county  board  may  after 
investigation  furnish  such  relief  as  will  enable  the  child  to  attend  school 
during  the  entire  school  year,  such  relief  to  be  furnished  by  such  county 
board  from  the  poor  fund  of  such  county,  and  the  Board  of  Education  or 
School  Board  of  the  school  district  shall  furnish  for  the  use  of  such  child 
the  necessary  text  books  free  of  charge.  (Section  1,  chapter  429,  Laws 
1921.) 

302.  Same;  duty  of  truant  officer  and  of  teacher — The  Truant  Officer 
or  other  authorized  officer  shall  notify  the  teacher  to  whom  any  child  re- 
ceiving aid  under  the  provisions  of  this  act  may  be  assigned,  and  it  shall 
be  the  duty  of  the  teacher  having  charge  of  such  child  to  report  monthly 
to  the  Board  of  Education,  or  the  School  Board  of  the  School  District  through 
the  Superintendent  of  Schools,  the  progress  such  child  is  making  in  his  or 
her  school  work,  and  the  record  of  attendance,  together  with  such  other 
information  as  may  be  deemed  necessary.  Said  Truant  Officer  or  other 
authorized  officer,  shall  receive  the  same  compensation  for  the  time  engaged 
under  the  provisions  of  this  act  as  he  receives  for  similar  services  per- 
formed by  him  and  shall  be  paid  in  the  same  manner.  (Section  2,  chapter 
429,  Laws  1921.) 


CHAPTER   XIII. 
SCHOOL  ADMINISTRATION. 

STATE    BOARD    OF    EDLXATION    AND    STATE    COMMISSIONER     OF 

EDUCATION. 

Part  I. 

303  State  board  of  education— A  state  department  of  education  is 
hereby  created,  which  shall  be  maintained  under  the  direction  of  a  state 
board  of  education  composed  of  five  representative  citizens  of  the  state.  The 
members  of  the  state  board  of  education  shall  be  appointed  by  the  governor 
by   and   with   the   approval   of   the   senate   for  a   term   ol    Qve  and 

shall  hold  office  until  their  successors  are  qualified.     Tin    firsl  m<  mbers  ol 
the  said  board  shall  be  appointed  as  soon  as  practicable  as  follows:  One  for 
a  term   ending  January   1,   1920,  two   for   a   term    ending  January    1     1922 
and  two  for  a  term  ending  January  1,  1924;  all  vacancies  in  the  said  board 
shall  be  filled  for  unexpired  terms  by  appointments  by  the  gov  The 

members  of  said  board  shall  receive  as  compensation  for  their  services  the 
sum  of  ten  dollars  ($10)  per  day  for  each  day  actually  spent  In  the  per- 
formance of  their  duties  and  in  addition  thereto  they  shall  be  reimbursed 
in   manner   according   to   law   for   all    necessary    expenses    incurred   in    the 

85 


performance  of  their  duties  as  members  of  the  board.  The  first  presi- 
dent of  the  said  board  shall  be  the  member  whose  term  of  the  office  shall 
first  expire,  and  the  president  thereafter  shall  be  chosen  annually  by  the 
members  of  the  board,  but  no  member  of  the  board  shall  serve  as  president 
longer  than  two  years  during  a  term  in  office.  The  first  meeting  of  the 
said  board  shall  be  held  at  the  state  capitol.  at  the  call  of  the  president, 
within  thirty  (30)  days  of  the  appointment  of  the  members  of  the  board; 
the  said  board  shall  hold  an  annual  meeting  at  the  state  capitol  on  the 
first  Tuesday  in  the  month  of  August,  and  in  addition  to  the  annual  meet- 
ing the  board  shall  hold  quarterly  meetings,  and  may  hold  special  meet- 
ings, on  such  dates  and  at  such  places  as  the  board  shall  designate.  Pro- 
vided: That  no  member  of  the  board  shall  hold  any  other  office  elective  or 
appointive  under  the  state  "except  a  notary  public,"  or  be  employed  in 
any  state  institution.     (Section  1,  chapter  334,  Laws  1919.) 

304.  Same;  oath  and  contracts — Before  entering  upon  the  duties 
of  his  office  each  member  of  the  state  board  of  education  shall  take 
an  oath  of  office  which  shall  be  filed  with  the  secretary  of  state.  All 
contracts  made  by  the  said  board  shall  be  in  writing  and  shall  be  signed 
by  its  president  and  attested  by  its  secretary.  (Section  2,  chapter  334,  Laws 
1919.) 

305.  Same;  organization  and  rules — The  state  board  of  education 
is  authorized  to  make  complete  organization  of  the  department  of  educa- 
tion, as  created  by  this  act,  and  to  adopt  all  necessary  rules,  not  in  conflict 
with  the  provisions  of  law,  for  the  conduct  of  its  affairs;  the  said  board 
shall  have  authority  ,also,  to  define  the  duties  of  appointees  and  employes  to 
the  end  that  the  educational  and  business  activities  of  the  department  of 
education  shall  be  conducted  under  reasonable  and  effective  regulations 
which  shall  promote  the  educational  interest  of  the  state  and  safeguard  the 
finances  appropriated  for  the  support  thereof.  (Section  3,  chapter  334,  Laws 
1919.) 

306.  Same;  officers,  assistants  and  compensation — The  state  board 
of  education  shall  be  provided  with  suitable  offices  at  the  seat  of  govern- 
ment and  the  said  board  may  provide  all  records,  files  and  office  supplies 
required  in  the  transaction  of  its  business.  The  board  shall  have  power  to 
appoint  a  commissioner  of  education  at  a  salary  not  to  exceed  $5,000  per 
annum:  a  deputy  commissioner  of  education  at  a  salary  not  to  exceed 
$3,500  per  annum;  one  head  of  department  at  a  salary  not  to  exceed  $4,000 
per  annum;  four  heads  of  departments,  each  at  a  salary  not  to  exceed  $3,500 
per  annum;  five  heads  of  departments  or  assistants,  each  at  a  salary  not 
to  exceed  $3,000  per  annum;  four  assistants,  each  at  a  salary  not  to  exceed 
$2,500  per  annum;  two  assistants,  each  at  a  salary  not  to  exceed  $1,500 
per  annum  and  clerks  and  stenographers  at  salaries  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  the  legislature  for  that  purpose. 
The  board  shal  designate  the  official  title  of  all  of  its  employes  except 
that  of  the  commissioner  of  education  and  fix  their  salaries  subject  to  the 
limitations  above  stated,  provided  that  the  total  amount  paid  for  salaries 
shall  not  in  any  year  exceed  the  amount  appropriated  for  that  purpose  by  the 
legislature.     (Section  4,  chapter  334,  Laws  1919.) 

307.  State  commissioner  of  education — The  state  board  of  education 
at  its  first  meeting,  shall  proceed  to  elect  a  state  commissioner  of  education 
who  shall  be  the  executive  officer  and  secretary  of  the  said  board  and  whose 
term  of  office  shall  be  six  years.  The  commissioner  of  education  shall  be 
a  person  who  possesses  educational  attainment  and  breadth  of  experience 
in  the  administration  of  public  education  and  of  the  finances  pertaining 
thereto  commensurate  with  the  spirit  and  intent  of  this  act.  The  terra  of 
service  of  the  first  commissioner  of  education  shall  begin  August  1,  1919. 
The  commissioner  of  education  shall  have  authority  to  nominate,  for  ap- 
proval by  the  state  board  of  education,  such  officials  and  employes  as  may  be 
necessary  to  perfect  and  to  maintain  the  organization  of  the  department 

86 


of  education  as  recommended  by  the  commissioner  of  education  and  as 
adopted  by  the  state  board  of  education.  The  commissioner  of  education 
shall  perform  the  duties  heretofore  required  by  law  of  the  state  superin- 
tendent of  education  as  ex  officio  member  of  all  official  boards  and  such 
other  duties  and  functions  heretofore  vested  in  the  state  superintendent  of 
education  as  the  law  and  the  rules  of  the  state  board  of  education  may  pro- 
vide, and  he  shall  be  held  responsible  for  the  efficient  administration  and 
discipline  of  the  various  offices  and  divisions  in  the  organization  of  the 
department  of  education;  the  said  commissioner  of  education  shall  be  re- 
quired to  make  recommendations  to  the  state  board  of  education  which  shall 
facilitate  all  of  the  work  of  the  said  board,  and  he  shall  be  charged 
furthermore,  with  the  execution  of  powers  and  duties  which  the  state 
board  of  education  may  prescribe,  from  time  to  time,  to  promote  public 
education  in  the  state,  to  safeguard  the  finances  pertaining  thereto,  and  to 
enable  the  said  board  to  carry  out,  conclusively,  the  provisions  of  this 
act.     (Section  5,  chapter  334,  Laws  1919.) 

308.  Same;  functions,  powers  and  duties — All  the  functions,  powers 
and  duties  which  are  now  by  law  vested  in,  or  by  law  exercised  by,  the 
state  superintendent  of  education  and  his  appointees,  the  state  high  school 
board  and  its  appointees,  and  the  state  library  commission  and  its  ap- 
pointees, shall  be  and  the  same  are  hereby  vested  in,  and  shall  be  exercised 
by  the  state  board  of  education  according  to  the  provisions  of  this  act.  The 
said  state  board  of  education  shall  administer  all  laws  relating  to  state 
superintendent  of  public  schools,  libraries  and  other  public  educational 
institutions,  except  such  laws  as  may  relate  to  the  state  university  and 
to  the  state  normal  schools.  In  order  that  the  provisions  of  this  act  may 
be  carried  out,  the  state  high  school  board,  the  state  library  commis- 
sion and  the  office  of  the  state  superintendent  of  education  shall  terminate 
July  31,  1919.     (Section  6,  chapter  334,  Laws  1919.) 

309.  Same;  report  of  state  board  of  education — On  or  before  November 
15  of  each  even  numbered  year,  the  "state  board  of  education  shall  make  a 
report  to  the  governor,  which  shall  cover  the  biennial  period  ending  July 
31  preceding;  the  said  report  shall  contain  a  copy  of  all  rules  of  said 
board  in  force  during  the  biennial  period,  the  name  and  salary  of  each 
officer  or  employe  in  the  department  of  education,  a  summary  of  the 
financial  affairs,  of  said  department,  and  such  other  matters  as  it  may  seem 
advisable  to  include  in  such  report,  or  as  shall  be  required  by  the  governor. 
(Section  7,  chapter  334,  Laws  1919.) 

310.  Same;  state  aid  to  public  schools  and  budget — The  state  board 
of  education  shall  cause  to  be  made  under  its  direction  studies  of  and 
investigations  relating  to  the  administration  of  funds  appropriated  by  the 
legislature  for  public  school  aid;  such  studies  and  investigations  shall  be 
exhaustive,  shall  contain  constructive  suggestions  and  recommendations  to 
the  governor,  and  shall  be  transmitted  by  him  to  the  legislature,  the 
same  to  be  embodied  in  and  to  be  a  part  of  the  first  biennial  report  of 
the  state  board  of  education,  which  shall  be  submitted  to  the  governor 
as  required  by  the  provisions  of  section  7  of  this  act.  The  state  board 
of  education  shall  recommend  to  the  governor  and  legislature  such  modi- 
fication and  unification  of  laws  relating  to  the  state  system  of  education 
as  shall  make  those  laws  more  readily  understood  and  more  effective 
in  execution;  and  the  state  board  of  education  shall  prepare  a  biennial 
education  budget  which  shall  be  submitted  to  the  governor  and  legislature, 
according  to  the  provisions  of  law,  such  budget  to  contain  a  complete 
statement  of  finances  pertaining  to  the  maintenance  of  the  department  of 
education  and  to  the  distribution  of  state  aid  to  public  schools.  (Section 
8,  chapter  334.  Laws  1919.) 

311.  Same;  conflict  of  powers — In  case  of  any  apparent  conflict  be- 
tween powers,  duties  and  functions  conferred  by  law  upon  any  educational 
officer,  or  person,  or  board,  or  commission  named  in  section  6  of  this  act 

87 


and  those  conferred  by  this  act  on  the  state  board  of  education,  it  shall  be 
conclusively  presumed  that  such  powers,  duties  and  functions  belong  to  the 
state  board  of  education  to  be  exercised  by  it  under  the  law  and  rules  of 
said  board.     (Section  9,  chapter  334,  Laws  1919.) 

312.  Same;  officers  and  employes  to  give  bonds — The  state  board  of 
education  shall  require  all  officers  and  employes  under  its  control,  who 
may  be  charged  with  any  money  or  property  belonging  to  the  state,  to 
give  bond  to  the  state  in  such  sum  and  with  such  conditions  as  the  said 
board  by  its  rules  may  direct,  and  each  bond  shall  be  approved  by  the 
board.     (Section  10,  chapter  334,  Laws  1919.) 

313.  Same;  state  university  and  state  normal  schools — Nothing  in 
this  act  contained  shall  be  held  to  apply  to  the  University  of  Minnesota, 
or  to  the  state  normal  school,  or  to  the  powers,  functions  and  duties  vested 
by  law  in  the  board  of  regents  of  said  university,  or  in  the  state  normal 
school  boards.     (Section  11,  chapter  334,  Laws  1919.) 

314.  Same;  inefficiency,  etc. — Any  person  officially  connected  with  or 
employed  by  the  department  of  education  who  shall  be  found  inefficient  or 
guilty  of  any  acts  inconsistent  with  the  duties  of  his  office  shall  be  removed 
from  office  by  the  authority  which  appointed  him.  (Section  12,  chapter  334, 
Laws  1919.) 

315.  Same;  meetings  of  board  prior  to  August  1,  1919 — The  state 
board  of  education  is  authorized  to  hold  necessary  meetings,  prior  to  August 
1,  1919,  for  the  transaction  of  business  in  accordance  with  the  provisions  ot 
this  act,  and  any  action  taken  by  the  said  board  at  such  preliminary 
meetings  shall  be  legal.     (Section  13,  chapter  334,  Laws  1919.) 

316.  Same;  when  duties  of  appointees  begin — The  powers  and  duties 
of  the  appointees  hereunder  shall  not  begin  until  August  1,  1919,  except 
as  herein  above  provided.     (Section  13,  chapter  334,  Laws  1919.) 

PART    II. 

SUPERINTENDENT  OF  EDUCATION. 

Note:  Attention  is  called  to  the  fact  that,  by  Chapter  334,  Laws 
of  1919,  all  the  functions,  powers  and  duties  formerly  vested  in  the  state 
superintendent  of  education  are  now  vested  in  the  State  Board  of  Education 
and  that  the  Commissioner  of  Education  now  performs  the  duties  and 
functions  heretofore  vested  in  the  state  superintendent  of  education  as  the 
law  and  the  rules  of  the  state  board  of  education  may  provide. 

317.  Superintendent  of  education,  etc. — The  general  supervision  of 
public  schools  is  vested  in  a  state  superintendent  to  be  known  as  the  super- 
intendent of  education,  and  in  the  various  county,  city  and  district  superin- 
tendents, the  state  high  school  board  and  its  inspectors.     (2869) 

318.  Same;  contingent  fund,  expenses  of — The  superintendent  and  other 
persons  appointed  by  him  shall  receive  their  necessary  expenses  for  travel- 
ing and  other  incidental  expenses  incurred  in  connection  with  their  official 
duties,  to  be  paid  from  the  contingent  fund  or  from  other  appropriations 
made  for  such  purposes.     (2871) 

319.  Same;  powers,  duties,  reports,  etc. — Besides  exercising  general 
supervision  over  public  schools  and  public  education  agencies  in  the  state, 
the  superintendent  of  education  shall  prescribe  rules  for  the  several  classes 
of  public  schools  receiving  special  state  aid.  He  shall  classify  and  stand- 
ardize rural  and  other  public  schools  and  prepare  for  them  outlines  and  sug- 
gestive courses  of  study.  He  shall,  under  the  laws  prescribed  therefor,  issue 
all  certificates  to  those  employed  as  teachers  and  supervisors  in  public 
schools. 

88 


For  the  purpose  of  considering  matters  affecting  the  interests  of  public 
education,  he  shall  upon  notice,  meet  the  several  county  and  city  super- 
intendents and  school  principals  at  such  times  and  places  in  the  state  as 
he  shall  deem  most  convenient  and  beneficial.  On  or  before  December  1 
of  each  even-numbered  year,  he  shall  prepare  and  submit  to  the  legislature, 
through  the  governor,  a  report  containing: 

1.  An  abstract  of  the  reports  of  the  several  county  superintendents 
showing  such  facts  and  giving  such  information  as  the  said  superintendent 
may  require  relative  to  public  schools,  including  enrollment,  attendance 
and  classification  of  pupils  in  public  schools. 

2.  A  statement  of  the  condition  of  public  schools  and  of  public  and 
other  institutions  of  learning  reporting  to  him. 

3.  The  amount  of  moneys  received  and  expended  each  year  for  public 
schools  and  public  education,  specifying  the  amount  received  from  each 
source  and  the  amount  expended  for  each  purpose. 

4.  The  number,  kind,  and  name  of  public  schools  of  each  class  re- 
ceiving state  aid,  and  the  estimated  amount  of  aid  for  the  ensuing  two 
years,  together  with  such  facts  relating  to  these  schools  as  will  show  their 
progress  and  work.     (2872) 

320.  Same;  to  prepare  uniform  system  of  records  and  accounting — The 
superintendent  of  education  shall  prepare  a  uniform  system  of  records  for 
public  schools,  require  reports  from  county  and  other  superintendents  and 
principals  of  schools,  teachers,  school  officers,  and  the  chief  officers  of 
public  and  other  educational  institutions,  to  give  such  facts  as  he  may  deem 
of  public  value.  He  shall  establish  and  carry  into  effect  a  uniform  system 
of  accounting  by  public  school  officers,  and  he  shall  have  authority  to  super- 
vise and  examine  the  accounts  and  other  records  of  all  public  schools. 
(2873) 

321.  Same;  to  prescribe  rules  and  examine  plans  for  buildings — He 
shall  prescribe  rules  and  examine  all  plans  and  specifications  for  the  erec- 
tion, enlargement  and  change  of  school  buildings,  which  plans  and  specifica- 
tions shall  first  be  submitted  to  him  for  approval  before  contract  is  let,  and 
no  new  school  buildings  shall  be  erected  or  any  building  enlarged  or  changed 
until  the  plans  and  specifications  have  been  submitted  to  and  have  been  ap- 
proved by  the  superintendent  of  education.  He  shall  include  in  such  rules 
these  made  from  time  to  time  by  the  state  board  of  health,  relative  to  san- 
itary standards  for  toilets,  water  supply  and  disposal  of  sewage  in  public 
school  buildings.  In  all  other  respects  the  authority  to  make  rules  for 
public  school  buildings  shall  be  vested  in  the  superintendent  of  education. 
Under  such  rules  and  procedure  as  the  superintendent  or  the  high  school 
board  shall  prescribe,  he  may  condemn  school  buildings  and  sites  which  are 
unfit  or  unsafe  for  use  as  such.     (2S74) 

322.  Same;  to  prepare  registers,  blanks  and  record  books — He  shall 
prepare  and  distribute,  through  the  county  superintendents,  school  registers, 
blanks  for  all  reports  required  by  this  title,  record  books  for  district  treas- 
urers and  clerks,  and  any  other  blanks  necessary  for  school  business.  (2877) 

323.  Same;  to  proclaim  annual  "Minnesota  Day"— There  shall  be  desig- 
nated annually  by  proclamation  by  the  superintendent  of  public  instruc- 
tion of  this  state,  by  and  with  the  consent  of  the  governor,  a  day  between 
October  1st  and  May  1st  to  be  designated  and  known  as  "Minnesota  Day." 
(2806) 

324.  Same;  observance  of  "Minnesota  Day"— On  that  day  all  the  public 
schools  of  this  state  shall  give  special  attention  to  exercises  devoted  to  mat- 
ters of  interest  appertaining  to  the  State  of  Minnesota  and  its  geography, 
history,  industries  and  resources.     (2807) 

89 


PART    III. 
COUNTY  SUPERINTENDENTS. 

325.  County  superintendent;  election  of — In  every  county  in  this  state 
there  shall  be  elected  at  the  general  election  in  1914,  and  not  before  a 
*     *     *     county  superintendent  of  schools.     (809-1009) 

326.  Same;  term  of  office— The  terms  of  office  of  the  said  county 
officers  shall  be  four  years  and  until  their  successors  are  elected  and  quali- 
fied and  shall  begin  on  the  first  Monday  in  January  next  succeeding  said 
election;  and  said  offices  shall  be  filled  by  election  every  four  years  there- 
after.    (810-1009) 

327.  Same;  how  removed  from  office — The  governor  may  remove  from 
office  any  county  superintendent  of  schools  whenever  it  appears  to  him,  by 
competent  evidenct  that  he  has  been  guilty  of  malfeasance  or  nonfeasance 
in  the  performance  of  his  official  duties;  first  giving  to  such  officer  a  copy  of 
the  charges  against  him,  and  an  opportunity  to  be  heard  in  his  defense. 
(5724) 

328.  Same;  to  turn  over  records  at  end  of  term — Every  county  super- 
intendent on  retiring  from  office  shall  deliver  to  the  auditor  of  his  county, 
for  his  successor,  the  records  of  his  office,  a  list  of  the  clerks  of  all  school 
districts  of  the  county,  with  their  postoi'fice  addresses,  and  of  all  persons 
under  contract  to  teach  in  the  common  schools,  together  with  all  blanks, 
registers,  copies  of  laws,  and  other  state  or  county  property  in  his  posses- 
sion; and  no  auditor  shall  make  full  payment  of  salary  to  any  such  county 
superintendent  until  he  has  complied  with  the  requirements  of  this  section. 
(1014) 

329.  Same;  duties  and  powers  of — In  addition  to  their  other  duties,  coun- 
ty superintendents  shall  visit  and  instruct  each  school  in  their  counties  ai 
least  once  in  each  term,  except  those  under  the  immediate  charge  of  a  city 
or  district  superintendent,  and  instruct  its  teachers:  organize  and  conduct 
such  teachers'  institutes  as  they  shall  deem  expedient;  encourage  teachers' 
associations;  advise  teachers  and  school  boards  in  regard  to  the  best  meth- 
ods of  instructions,  the  most  approved  plans  for  building,  improving,  and 
ventilating  school  houses,  or  ornamenting  school  grounds,  and  of  adapting 
them  to  the  convenience  and  healthful  exercise  of  the  pupi's;  stimulate 
school  officers  to  the  prompt  and  proper  discharge  of  their  duties;  receive 
and  file  all  reports  required  to  be  made  to  them;  and  make  a  report  to  the 
state  superintendent,  containing  an  abstract  of  such  reports,  a  written 
statement  of  the  condition  and  prospects  of  the  schools  under  their  charge, 
and  such  other  matters  as  they  may  deem  proper,  or  as  may  be  called  for 
by  the  state  superintendent.    (2878) 

"Can  a  regularly  employed  teacher  in  a  common  school  also  hold  the  office 
of  county  superintendent  of  schools?"  While  such  double  employment  might 
possibly  be  justified  in  exceptional  cases,  it  is  not  within  the  contemplation  of 
law.     (Childs,  October  8,  1892.) 

330.  Same;  may  call  meetings  of  district  officers — The  county  super- 
intendent may  call  meetings  of  the  district  officers  of  his  county  at  such 
times  and  places  as  may  be  convenient,  to  remain  in  session  for  one  day,  for 
consultation  and  advice  in  regard  to  school  statistics,  methods  of  organiza- 
tion of  schools,  and  other  matters  relating  to  the  educational  interests  of  the 
public  schools.     (2879) 

331.  Same;  to  keep  records  of  examination  of  teachers — The  county 
superintendent  shall  keep  in  books  provided  by  the  county  a  record  of  ex- 
aminations of  candidates  to  whom  certificates  are  granted  or  refused,  of 
the  date  of  examination,  the  name,  sex  and  age  of  each  candidate,  the  grade 
of  certificate  granted  and  the  grounds  on  which  any  certificate  is  refused, 
and  a  like  record  of  all  certificates  of  those  teaching  in  his  county,  and  of 

90 


such  other  matters  as  may  be  prescribed  by  the  state  superintendent.  (2880) 

332.  Same;  to  keep  records  of  teachers'  certificates  and  diplomas — ■ 
County  superintendents  of  schools  shall  record  in  their  office  in  a  book 
provided  by  the  board  of  county  commissioners  for  such  purpose,  all  ma- 
terial facts  concerning  teachers'  certificates  and  diplomas  presented  for 
that  purpose,  and  shall  certify  to  the  holder  of  such  certificates  or  diploma 
that  such  record  has  been  made.     (2831) 

It  is  the  duty  of  the  county  superintendent  to  keep  a  record  of  re-examinations 
and  revocations  of  teachers'  licenses;  and  such  record  is  the  best  and  proper  evi- 
dence  of  revocation.      (32   M.    476.) 

333.  Same;  to  forward  to  teachers  and  clerks,  blanks,  circulars,  etc. — 
He  shall  forward  to  teachers  and  clerks  all  blanks  and  circulars  fur- 
nished him  for  their  use,  and  shall  be  guided  generally  by  the  rules  pre- 
scribed by  the  state  superintendent  and  the  high  school  board.     (2S81) 

334.  Same;  to  report  to  superintendent  of  education — He  shall  report 
to  the  state  superintendent,  on  or  before  September  20th  of  each  year,  the 
number  of  different  pupils  of  school  age  enrolled  in  the  schools  of  each  dis- 
trict; taking  care  that  no  pupil  is  counted  more  than  once,  and  that  no 
one  not  entitled  to  apportionment  is  included.  This  report  shall  include 
tabulated  extracts  from  the  reports  of  the  teachers  and  clerks,  and  such 
other  matters  as  may  be  called  for  in  the  blanks.     (2882) 

335.  Same;  to  report  to  county  auditor — He  shall  in  like  manner,  on 
or  before  the  last  Wednesday  in  October,  file  with  the  county  auditor  an  ab- 
stract of  the  number  of  pupils  of  school  age  enrolled  in  the  school  of  each 
district,  and  entitled  to  be  counted  for  appropriation  (apportionment)  from 
the  current  school  fund,  and  of  months'  school  taught  in  each  school  during 
such  school  year.     (2883) 

336.  Same;  failure  to  report — No  warrant  shall  be  drawn  for  the  pay- 
ment of  the  salary  of  the  county  superintendent  for  the  month  of  October  of 
any  year  unless  such  report  to  the  auditor  shall  have  been  filed,  and  proof 
made  of  the  filing  of  such  superintendent's  report  to  the  state  superintend- 
ent.    (2884) 

337.  Same;  to  appoint  deputy  in  certain  cases— Any  superintendent 
physically  unable  to  visit  his  schools  or  conduct  teachers'  examinations  in 
proper  time  may  appoint  a  deputy  superintendent  for  not  more  than  sixty 
days  in  any  year,  to  be  paid  by  such  county  superintendent.     (2885) 

338.  Same;  to  hold  teachers'  institutes— The  county  superintendent  may 
hold  county  institutes  for  teachers  in  different  parts  of  the  county  not  to 
exceed  two  (2)  days  for  each  such  institute  in  any  one  (1)  year;  or  he  may 
hold  one  annual  institute  not  to  exceed  five  days,  and  require  the  attend- 
ance of  all  persons  teaching  in  the  county  schools  except  those  in  high 
or  graded  schools  at  any  of  such  institutes.  Teachers  who  have  been  in  reg- 
ular attendance  during  the  entire  time  of  such  institute  designated  by  the 
county  superintendent  shall  receive  from  him  a  certificate  of  attendance 
which  shall  entitle  such  teacher  to  full  pay  for  the  time  her  school  has  been 
closed  on  account  of  attendance  at  such  institute,  and  the  county  commis- 
sioners shall  allow  bills  for  personal  expenses  for  the  county  suptrintendent 
in  holding  institutes  not  to  exceed  the  sum  of  fifty  ($50.00)  dollars  in  any 
one  (1)  year.     (1020) 

A  county  superintendent  is  entitled  to  his  personal  expenses  incurred  in  at- 
tending a  teachers'  training  school,  under  the  provisions  of  chapter  182  Laws 
1905-  but  such  expenses  should  be  limited  to  conveyance  to  and  from  place  of 
meeting  and  board  and  lodging  while  in  attendance.     (Young,  p.   188.) 

A  county  superintendent  is  entitled  to  be  reimbursed  for  hla  expenses,  in- 
cluding conveyance,  hotel  and  lodging,  while  attending  teachers  training  school, 
under  chapter  182,  Laws  1905.     (Young,  July,   1906.) 

339.  Same;    traveling    expenses     The   enmity    board    of   each    county   of 

91 


the  State  of  Minnesota  shall  audit  and  if  found  correct,  allow  duly  itemized 
and  verified  claims  of  the  County  Superintendent  of  Schools  for  actual  and 
necessary  traveling  expenses,  incurred  by  him  or  his  assistants  In  the  dis- 
charge of  their  official  duties.  If  the  County  Superintendent  of  Schools  or 
his  assistant  uses  his  own  automobile  or  other  conveyance  owned  by  him 
in  the  performance  of  his  official  duties,  the  county  board  shall  likewise 
allow  him  therefor  not  less  than  ten  (10)  cents  per  mile  for  each  mile 
uecessarily  traveled  in  such  automobile  or  other  conveyance  in  the  per- 
formance of  his  official  duties.  (Section  1016,  G.  S.  1913,  as  amended  by 
chapter  245,  Laws  1919,  as  amended  by  chapter  447,  Laws  1921.) 

County  superintendent  may  not  be  reimbursed  for  traveling  expenses  out  of 
the  county  while  hiring  or  interviewing  teachers;  nor  for  attending  teachers'  meet- 
ings other  than  those  in  his  own  county  or  called  under  provisions  of  section  2872, 
G.   S.   1913.     (Hilton,   Feb.  10,   1919.) 

The  county  superintendent  and  his  assistants  are  entitled  to  actual  and  nec- 
cessary  expenses  while  engaged  in  the  discharge  of  their  duties  under  sections 
1348,  1349,  1376,  1379,  and  1380,  R.  L.  These  expenses  include  hotel,  livery,  keep- 
ing of  teams,  railway  fare,  etc.,  while  in  attendance  at  teachers'  meetings,  in- 
stitutes, training  schools,  meetings  of  school  officers,  at  places  other  than  where 
they  live,  and  while  attending  meetings  called  by  the  state  superintendent;  but 
are  not  entitled  to  expenses  of  keeping  their  own  teams  at  home  while  not  en- 
gaged in  official  business.  All  such  expenses  are  to  be  paid  in  addition  to  salary. 
(Young,  May,   1907.) 

Chapter  33  of  the  Laws   of  1907   repeals  all  legislation,   general  or   special,   as 

to   the   allowance   of   traveling  expenses   of  county    superintendents,  and   therefore 

section  1  of  chapter  182  of  the  Laws  of  1905,  is  expressly  repealed.  (Young,  Sep- 
tember 23,  1907.) 

340.  Same;  salaries  of — Salaries  of  county  superintendents,  except  as 
hereafter  provided  shall  be  fixed  by  the  county  board,  and  shall  not  be  less 
than  a  sum  equal  to  fifteen  dollars  ($15.00)  or  twelve  dollars  and  fifty  cents 
($12.50)  as  herein  provided  for  each  organized  public  school  in  the  county,  to 
be  reckoned  pro-rata  for  the  year  from  the  time  when  a  new  school  organized 
in  any  district,  begins.  It  shall  be  fixed  at  not  less  than  fifteen  dollars 
($15.00)  for  each  public  school  in  the  county,  until  the  salary,  reckoned  on 
that  basis,  reaches  one  thousand  dollars  ($1,000),  and  in  counties  where 
the  salary,  reckoned  at  fifteen  dollars  ($15.00)  per  school,  shall  exceed  one 
thousand  dollars  ($1,000)  it  shall  be  reckoned  on  the  basis  of  not  less  than 
twelve  dollars  and  fifty  cents  ($12.50)  for  each  public  school  in  the  county, 
until  the  salary  reaches  two  thousand  dollars  ($2,000)  but  in  no  county  shall 
the  salary,  reckoned  on  the  basis  of  twelve  dollars  and  fifty  cents  ($12.50)  for 
each  school,  be  less  than  one  thousand  dolars  ($1,000.)  Provided,  that  when 
one  or  more  school  districts  are  hereafter  discontinued  in  any  county  as  a 
result  of  consolidation,  or  when  school  in  any  school-building  is  or  has  been 
discontinued  as  a  result  of  consolidation  and  the  children  usually  attendant 
thereat  are  transported  to  another  school  in  the  same  or  adjoining  district 
by  the  school  authorities,  then  hereafter  the  salary  of  the  county  superin- 
tendent shall  be  reckoned  and  an  assistant  or  assistant  superintendent,  if 
any,  shall  be  appointed  on  the  basis  of  the  number  of  schools  before  such 
consolidation,  or  discontinuance,  was  made.  In  any  county,  except  as  other- 
wise provided  in  this  act,  the  salary  of  the  county  superintendent  may  be 
fixed  by  the  county  board  at  such  sum  higher  than  two  thousand  dollars 
($2,000)  as  the  county  board  shall  determine. 

The  provisions  of  this  section  shall  apply  to  all  counties  in  this  state 
excepting  (1)  those  having  a  population  of  one  hundred  and  fifty  thousand 
or  more,  in  which  the  salary  of  the  county  superintendent  and  the  appoint- 
ment and  salary  of  his  assistant  shall  remain  as  now  fixed  by  law  referring 
to  such  counties,  and  (2)  other  counties  where  the  salary  of  county  superin- 
tendent is  now  fixed  by  special  law  in  which  last-named  counties  the  salary 
of  the  county  superintendent  shall  be  fixed  by  such  special  law,  but  all 
other  provisions  of  this  act  shall  apply  to  such  last-named  counties. 

The  term  "school"  as  used  in  this  act  shall  be  understood  to  mean  a 
school  building  in  which  a  public  school  is  held.  (Section  1,  chapter  141, 
Laws  1915.) 

92 


341.  Same;  payment  of  postage,  stationery,  etc.— The  county  board 
of  each  county  shall  pay  itemized  and  verified  bills  for  postage  used  in 
official  correspondence  and  in  forwarding  official  documents,  express  tele- 
graph and  telephone  charges  in  official  business,  necessarv  bills  for  'print- 
ing notices,  circulars,  lists  of  questions,  annual  reports"  required  in  the 
proper  grading  of  schools,  and  necessary  and  proper  expenditures  in  con- 
nection with  county  graduation  exercises,  or  such  reports  and  classifica- 
tion records  as  may  be  required  by  the  state  superintendent,  together  with 
necessary  stationery  in  the  examination  of  teachers  and  pupils  and  for 
official  correspondence;  also  the  local  expense  in  connection  with  teachers' 
institutes  and  training  schools  and  for  conducting  teachers'  examinations. 
(Sec.  1011,  G.  S.  1913,  as  amended  by  chapter  473,  G.  L.  1919.) 

342.  Same;  assistants  of,  and  salaries — In  counties  containing  not  less 
than  seventy-five  nor  more  than  one  hundred  and  twenty-four  schools,  the 
county  superintendent  is  authorized  to  appoint  an  assistant  superintendent, 
to  be  paid  by  the  county  at  the  rate  of  three  dollars  a  day  and  necessary 
traveling  expenses  for  each  day  of  actual  service,  such  service  to  be  lim- 
ited to  forty  days  in  each  year  and  one  day  additional  for  each  school  above 
seventy-five  and  up  to  one  hundred  and  twenty-four  schools.  In  counties 
having  one  hundred  and  twenty-five  schools,  but  less  than  two  hundred  and 
forty,  the  county  superintendent  shall  appoint  one  assistant,  and  in  coun- 
ties having  two  hundred  and  forty  schools  or  more,  he  shall  appoint  two 
assistants,  and  the  assistant  or  assistants  shall  give  their  entire  time  to 
their  duties  as  such  assistant  superintendents,  and  shall  serve  during  the 
pleasure  of  the  superintendent.  The  salaries  of  assistants  appointed  to 
serve  for  full  time  shall  be  fixed  by  the  county  board  at  not  less  than  six 
hundred  dollars  $(600)  nor  more  than  fifteen  "hundred  dollars  ($1,500)  per 
annum.  Assistants  so  appointed  to  serve  for  full  time  shall  have  had  at 
least  eighteen  months'  experience  in  public  schools,  and  be  the  holders  of 
teachers'  certificates  equivalent  to  diplomas  from  a  Minnesota  normal 
school,  except  that  in  counties  having  two  assistants  i!  shall  be  sufficient  it' 
one  of  them  possesses  the  teaching  experience  and  the  certificate  herein 
referred  to.  Any  assistant,  at  the  time  of  his  appointment  may  or  may  not 
be  a  resident  of  the  county  for  which  he  is  appointed.  In  each  case  the 
assistant  county  superintendent  shall  assist  the  superintendent  in  the  per- 
formance of  his  general  duties,  as  directed,  and  report  to  him.     (1012) 

PART   IV. 

HIGH   SCHOOL  BOARD. 

Note:  Attention  is  called  to  Section  6,  chapter  334,  Laws  of  1919, 
(Section  286  of  this  compilation)  which  abolishes  the  high  school  board  but 
vests  the  powers,  duties  and  functions  which  it  hi  retofore  possessed,  in  the 
state  board  of  education- 

343.  Same;  powers  and  duties— The  board  shall  establish  rules  relat- 
ing to  examinations,  reports,  acceptances  of  schools,  and  courses  of  study, 
and  other  proceedings  in  connection  with  high  and  graded  schools  applying 
for  special  state  aid,  and  shall  prescribe  and  enforce  the  maintenance  of  an 
optional  English  or  business  course,  as  equivalent  to  the  preparatory  col- 
legiate course;  but  the  school  board  of  any  district  may  substitute  any 
proper  studies  in  place  of  any  studies  embraced  in  such  course.  Provided, 
that  the  privileges  of  the  state  high  school  board  examinations  shall  be  »  \ 
tended,  under  the  supervision  of  the  board,  to  the  private  schools  and 
academies  in  this  state  which  make  application  therefor,  and  the  courses  of 
study  and  requirements  for  graduation  of  which  correspond  in  general  to 
that  of  state  high  schools,  and  which  said  private  schols  and  academies  so 
desiring  such  privilege  shall  submit  to  the  same  rules  and  Inspection  with 
respect  to  these  examinations  as  may  be  provided  for  state  high  schools. 
(2889) 

93 


344.  Same;  records  and  reports — It  shall  keep  a  record  of  all  its  pro- 
ceedings, and  on  or  before  September  1  shall  make  a  report  to  the  state 
superintendent  covering  the  previous  year,  and  showing  in  detail: 

1.  All  receipts  and  disbursements,  with  the  source  and  nature  thereof. 

2.  The  names  and  number  of  schools  of  each  grade  receiving  aid,  and 
(he  number  of  pupils  attending  each  class  therein. 

To  such  report  it  may  add  such  recommendations  as  it  may  deem  best. 
(2890) 

345.  Same;  to  appoint  school  inspectors  and  examiners — It  shall  ap- 
point a  high  school  and  a  graded  school  inspector,  and  such  assistant  in- 
spectors and  examiners  as  may  be  necessary,  and  fix  their  compensation; 
but  no  person  receiving  a  salary  from  a  state  institution  shall  receive  any 
compensation  under  this  section,  and  the  pay  of  examiners  shall  not  exceed 
three  dollars  per  day,  or  fifty  cents  per  hour.     (2891) 

346.  Duties  of  inspectors  and  assistant — The  high  school  inspector  or 
an  assistant  shall  visit  and  examine  each  high  school  at  least  once  in  each 
year,  and  carefully  inspect  its  instruction  and  discipline,  and  immediately 
make  a  written  report  thereon.  The  graded  school  inspector  and  his  assist- 
ants shall  perform  like  duties  in  respect  to  graded  schools.     (2892) 

347.  County  superintendent  to  conduct  high  school  board  examina- 
tions at  designated  places. — Upon  written  application  the  high  school  board 
shall  empower  any  county  superintendent  to  conduct  the  high  school  board 
examinations  in  the  schools  of  his  county  other  than  high  and  graded.  For 
this  purpose  he  shall  hold  the  same  relation  to  the  board  as  the  principal  or 
superintendent  of  schools  under  its  supervision. 

He  may  designate  the  points  at  which  such  examinations  are  to  be 
held.  He  may  also  appoint  assistants  for  grading  the  papers  of  such 
examinations  and  such  assistants  shall  be  paid  by  the  county  at  the  rate 
of  three  dollars  per  day,  but  the  number  of  assistants  shall  not  exceed 
one  for  each  twenty  schools  or  major  fraction  thereof  in  the  county  nor 
shall  the  amount  of  money  expended  for  this  purpose  exceed  one  hundred 
dollars  in  any  one  year.     (Chapter  278,  Laws  1919.) 

348.  Investment  of  state  school  funds — There  are  hereby  annually  ap- 
propriated for  the  purpose  of  investment  all  moneys  received  into  the  state 
treasury  to  the  credit  of  the  permanent  school  fund,  permanent  university 
fund,  internal  improvement  land  fund,  and  all  other  funds  required  to  be 
invested  in  securities,  or  which  may  be  loaned  as  provided  by  law.     (5246) 

349.  Same;  expenses  of — There  are  hereby  annually  appropriated  such 
sums  as  shall  be  found  necessary  for  the  incidental  expenses  of  purchase, 
including  the  payment  of  interest  accrued  at  the  time  of  purchase,  of  bonds 
for  the  permanent  school  and  university  funds,  payable  from  the  current  or 
general  school  and  university  funds,  respectively,  and  for  like  expenses  of 
the  purchase  of  bonds  for  the  other  permanent  funds  referred  to  in  section 
2436,  payable  from  the  respective  current  or  general  funds.     (5247) 

350.  Powers  of  state   board   of   health    and   school    boards — iAs   to   the 

power  of  the  state  board  of  health  concerning  the  construction  and  equipment 
of  schools  in  respect  to  sanitary  conditions;  the  furnishing  of  vaccine  mat- 
ter; the  assembling  during  epidemics  of  smallpox  with  other  persons  not 
vaccinated;  and  as  to  the  power  of  school  boards  compelling  the  vaccination 
of  children  or  excluding  them  from  school  during  epidemics  of  smallpox,  see 
4640,  General  Statutes  1913. 

In  the  absence  of  a  statute  making  vaccination  a  condition  precedent  to  the 
right  of  children  to  attend  school  a  rule  of  the  state  board  of  health  which  has 
general  supervision  over  public  health,  making  a  certificate  of  vaccination  a  con- 

94 


dition  of  the  right  of  children  to  attend  the  public  schools,  cannot  be  sustained  as 
an  exercise  of  police  power;  and  such  a  rule,  made  when  there  is  no  epidemic 
of  smallpox  and  no  reasonable  apprehension  that  the  disease  may  become  pre- 
valent, is  unconstitutional  and  void.  (Supreme  Court  of  Wis.,  70  N.  W.  Rep.  247.) 
A  general  grant  of  power  in  broad  and  comprehensive  terms  to  make  rules 
for  the  preservation  of  public  health,  rests  in  the  authorities  to  whom  it  is 
granted  power  to  enforce,  in  cases  of  emergency,  rendering  it  necessary  in  the 
interests  of  public  health  and  for  the  prevention  of  smallpox,  a  regulation  requir- 
ing children  to  be  vaccinated  as  a  condition  to  their  admission  to  the  public 
schools.     (86  M.  353.) 

351.  Use  of  basement  rooms  for  graded  school  purposes  prohibited— 
It  shall  be  unlawful  for  any  school  board  of  any  public  school  in  any  city 
having  a  population  of  twenty  thousand  or  more  inhabitants  to  maintain  or 
allow  any  basement  room  to  be  used  for  grade  school  purposes,  except  rooms 
used  exclusively  for  the  purpose  of  teaching  domestic  science,  manual  train- 
ing or  physical  cultuie;  provided,  however,  that  two  basement  rooms, 
during  the  year  1910,  and  one  basement  room,  during  the  years  1911-1912, 
may  be  used  in  any  one  building.     (2912) 

352.  Same;  basement  room  defined — For  the  purpose  of  this  act  a  base- 
ment room  shall  mean  any  room  the  floor  of  which  is  below  the  surface  of 
the  surrounding  ground  on  all  sides  of  said  room.     (2913) 


PART  V. 

TEACHERS. 
QUALIFICATION  AND  TRAINING 

353.  Qualified  teachers — A  qualified  teacher  is  one  holding  a  certificate 
or  license  to  teach,  as  hereinafter  provided,  in  the  school  or  grade  for  which 
he  is  employed.  Contracts  for  teaching  can  only  be  made  villi  qua  ified 
teachers.  Contracts  made  with  persons  before  obtaining  such  certificates 
or  licenses  shall  only  be  valid  from  the  time  of  obtaining  the  proper  certifi- 
cate or  license.     (2829) 

A  contract  by  a  district  to  hire  a  teacher  who  has  not  procured  the  required 
certificate  is  void.     (12  M.   448)    (Gil.   337.) 

As  to  contracts  to  teach  and  qualifications  for  making  such  contracts,  see  sec- 
tion 369  and   annotations. 

A  school  board  may  employ  a  student  from  the  normal  department  of  the 
school  who  is  not  a  qualified  teacher  to  assist  a  legally  employed  teacher.  (Smith, 
January  25,  1915.) 

354.  Same;  who  are  not — No  person  shall  be  accounted  a  qualifieo 
teacher  in  any  common  school  district  within  the  meaning  of  the  school 
law,  until  such  person  has  filed  for  record  with  the  county  superintendent 
of  schools  of  the  county  where  such  poison  intends  to  teach,  a  certificate 
or  diploma  or  certified  copy  of  either  authorizing  such  person  to  teach  school 
in  such  county.     (2830) 

355.  Professional  training — From  and  after  August  1,  1915,  all  candi- 
dates for  teacher's  certificates  by  examination,  renewal  or  endorsement  of 
credentials,  except  those  who  have  taught  successfully  for  at  least  eighteen 
months  in  the  public  schools  prior  to  such  date,  or  those  receiving  cither  a 
second  grade  or  a  limited  certificate,  must  have  completed  such  a  course  of 
professional  training  for  teaching  not  exceeding  thirty-six  weeks,  as  may  be 
prescribed  by  the  state  superintendent. 

Training  courses  in  the  state  uhjjcersity,  in  late  normal  schools,  in 
state  high  schools,  or  in  private  schools  fully  and  fairly  the  equivalent  of 
those  given  in  state  schools  and  approved  by  Hi1,  said  superintendent  shall 
be  accepted  as  meeting  the  requirements  for  teachers  training  under  this 
section.     (2864) 

95 


356.  Instrumentalities  of  training  -For  the  special  training  of  teachers 
for  the  public  schools,  there  are  established:  (1)  teachers'  institutes;  (2) 
training  schools;    (3)  normal  schools.     (2961) 

357.  Institutes — Duty  of  state  superintendent— The  state  superintendent 
shall  provide  for  teachers'  institutes  and  training  schools  in  the  several 
counties  of  the  state,  for  the  instruction  and  training  of  teachers  in  pro- 
fessional and  academic  work.  He  shall  designate  the  county  or  counties 
for  which  such  institute  or  training  school  is  to  be  held,  and  the  time  and 
place  of  holding  the  same,  and  assign  instructors  and  lecturers  therefor. 
Each  institute  shall  continue  for  at  least  four  days,  and  each  training  school 
not  less  than  four  nor  more  than  six  weeks.     (2962) 

358.  Same;  duties  of  county  superintendents — The  superintendent  of 
each  county  for  which  such  institute  or  school  is  appointed  shall  give  notice 
thereof  to  the  teachers  of  his  county,  and  shall  attend  and  take  part  in 
the  exercise,  and  make  necessary  arrangements  therefor.     (2963) 

359.  Same;  use  of  school  houses — The  school  board  of  any  district  in 
which  any  institute  or  training  school  is  held  shall  allow  the  free  use  of  any 
school  house  or  school  rooms  for  that  purpose,  upon  ten  days'  notice  of 
selection  from  the  county  superintendent:  Provided,  that  such  use  shall 
not  interfere  with  the  sessions  of  school.     (2964) 

The  county  superintendent  cannot  arbitrarily  designate  any  schoolhouse  or 
room  he  sees  fit  for  the  examination  of  teachers;  but  he  has  a  right  of  , selection 
in  the  first  instance,  and  when  the  school  officers  receive  notice  from  him  of 
such  selection,  if  there  are  good  reasons  why  they  cannot  grant  him  the  use 
of  the  room  selected,  they  must  set  apart  for  him  a  suitable  room  in  a  school- 
house  of  the  district.  The  burden,  in  case  of  controversy,  is  upon  the  school  of- 
ficers to  show  compliance  in  good  faith  with  the  statute.     (73  M.  375.) 

360.  Same;  county  appropriations  for — The  county  board  of  any  county 
for  which  such  institute  or  training  school  is  appointed  may  appropriate 
therefor  out  of  the  county  revenue  fund  a  reasonable  sum,  to  be  expended 
by  the  county  superintendent.  Within  one  week  after  the  close  of  such 
institute  or  school  the  superintendent  shall  pay  into  the  county  treasury  any 
unused  part  of  such  appropriation,  and  shall  file  with  the  county  auditor  an 
itemized  statement  of  the  disbursements  thereof  with  proper  vouchers. 
(2965) 

371.  Same;  schools  may  be  closed  during — Any  teacher  may  close  his 
school  for  the  purpose  of  attending  any  institute  appointed  for  his  county, 
and  he  shall  be  allowed  to  make  up  the  time  so  lost  upon  presenting  to  the 
clerk  of  the  district  a  certificate,  signed  by  the  county  superintendent,  at- 
testing said  teacher's  attendance  at  the  institute.     (2966) 

A  teacher  who  attends  the  entire  term  of  an  institute  is  entitled  to  pay  for  the 
time  her  school  was  closed  on  account  of  such  attendance;  and  it  is  not  necessary 
for  her  to  make  up  such  lost  time.     (Smith,  Feb.  15,  1915.) 

TEACHERS'  EXAMINATIONS. 

372.  Times  and  places  for — The  county  superintendent  shall  hold  at 
least  two  examinations  a  year  in  convenient  places  in  his  county,  upon  such 
notice  as  may  be  prescribed  by  the  state  superintendent.  The  time  of  such 
examinations  shall  be  fixed  by  the  state  superintendent,  and  shall  be  uni- 
form throughout  the  state  and  shall  determine  the  educational  qualification 
of  applicants  for  teachers'  certificates.  The  school  board  of  any  district 
in  which  any  such  examination  is  appointed  shall  allow  the  free  use  of  any 
schoolhouse  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of  selec- 
tion from  the  county  superintendent     (2836) 

373.  Same;  fees  to  be  paid  by  candidates — Every  candidate  at  each 
examination  for  a  teacher's  certificate  or  for  the  renewal  or  extension  of 
such  certificate  shall  pay  a  fee  of  50  cents  before  such  examination  Is  en- 

96 


tered  upon  a  renewal  or  extension  granted.  Such  fees  shall  be  collected 
by  the  county  superintendent  and  by  him  remitted  to  the  state  superin- 
tendent. Each  candidate  for  the  endorsement  of  a  diploma  granted  by  a 
Minnesota  normal  school  or  by  a  normal  school  of  another  state,  and  each 
candidate  for  a  professional  certificate  granted  either  upon  examination  or 
by  endorsement  of  proper  credentials,  shall  pay  to  the  state  superintendent 
a  fee  of  $1.00  before  such  examination  is  entered  upon  or  certificate  issued. 
The  fee  for  a  permanent  professional  certificate  shall  be  $5.00. 

The  state  superintendent  shall  at  the  end  of  each  month  pay  to  the 
state  auditor  the  full  amount  of  all  such  examination  fees  paid  or  remitted 
to  him,  together  with  a  report  showing  the  amount  of  fees  collected  for  each 
class  and  kind  of  certificate.  The  state  auditor  shall  credit  all  such  fees  to 
the  teachers'  institute  fund,  except  those  paid  for  the  endorsement  of 
diplomas  issued  by  Minnesota  normal  schools,  which  shall  be  credited  in 
the  proper  amount  to  the  support  fund  of  the  normal  school  by  which  the 
diploma  so  endorsed  as  a  certificate  has  been  issued.     (2861) 

374.  Same;  expenses  of;  how  paid — The  local  expenses  of  such  exam- 
inations shall  be  paid  by  the  county  in  which  they  are  held;  the  expense 
incurred  by  the  state  superintendent  under  the  provisions  of  this  chapter, 
not  to  exceed  twenty-five  hundred  dollars  per  year,  shall  be  paid  out  of  the 
fund  for  conducting  teachers'  institutes.     (2844) 

375.  Same;  branches  of  examination — All  applicants  for  certificates 
shall  be  examined  in  the  following  branches:  Reading,  spelling,  writing, 
arithmetic,  grammar,  United  States  history,  composition,  geography,  physiol- 
ogy, civil  government  and  practical  hygiene.  Applicants  for  a  first  grade  cer- 
tificate shall  also  be  examined  in  elementary  algebra,  plane  geometry,  phys- 
ical geography  and  physics;  but  the  state  superintendent  may,  in  his  regula- 
tions, designate  other  branches  that  may  be  taken  in  lieu  of  physical 
geography,  physics,  and  plane  geometry,  at  the  option  of  the  applicant. 
Applicants  for  any  grade  may,  at  their  option,  be  examined  in  music,  draw- 
ing, and  such  languages  as  may  be  prescribed  by  the  state  superintendent. 
Applicants  for  special  certificates  shall  be  examined  in  all  the  branches 
required  for  second  grade  certificates,  and  in  such  other  branches  as  they 
wish  to  be  specially  authorized  to  teach.     (2838) 

376.  Same;  conduct  of  examinations — Such  examinations  shall  be  pub- 
lic, and  shall  be  conducted  by  the  county  superintendent,  or  by  persons  ap- 
pointed by  him,  strictly  according  to  the  regulations  prescribed  by  the 
state  superintendent.  An  affidavit  may  be  required  of  persons  conducting 
such  examinations  that  they  have  been  conducted  fairly  and  according 
to  such  regulations.  Teachers  taking  part  therein  may  dismiss  their  schools 
for  not  to  exceed  two  days  in  each  year  without  loss  of  time.     (2837) 

377.  Same;  marking  on — The  written  answers  for  the  scholastic  exam- 
ination shall  be  read  and  marked  under  the  direction  oi  the  state  superin- 
tendent. Markings  for  the  professional  requirements  shall  be  given  by  the 
county  superintendent,  who  shall  also  be  the  judge  of  skill  in  teaching  and 
moral  character  of  applicants.     (2839) 

TEACHERS'  CERTIFICATES. 

378.  Grades  of — There  shall  bn  five  grades  of  regular  teachers'  certifi- 
cates:    Third  grade,  second  grade,  first  grade,  second  grade   professional, 
and  first  grade  professional.     No  certificate  shall  be  granted  except  on  satis 
factory  proof  of   professional    ability  and   moral    character.     Provided, 

the  state  superintendent  of  public  instruction  may  in  his  discretion  i  ue 
certificates  of  qualification  without  examination  to  persons  who  have  taught 

in  public  schools  of  this  state  for  five  or  i years,  upon  their  Bling  with 

said  superintendent  of  public  instruction  a  written  application  approved  by 
the  board  of  education  or  school  trustees,  together  with   the  city  superin- 

97 


tendent  or  county  superintendent,  under  whom  said  applicant  shall  have 
taught  the  greater  part  of  five  years  preceding  the  date  of  application. 
(2845) 

379.  Limited  second  grade  certificates — Limited  second  grade  certifi- 
cates, good  for  one  year,  may  be  given  by  the  county  superintendent  to 
persons  without  experience,  not  less  than  seventeen  years  of  age,  who 
have  passed  the  required  examination.     (2853) 

380.  Second  grade  certificates — Second  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  not  less  than  eighteen  years  of  age,  and 
of  at  least  five  months'  successful  experience  in  teaching.  Such  certificates 
shall  be  signed  by  the  state  and  county  superintendent,  and  shall  be  valid 
for  two  years  in  the  county  designated,  and  in  any  other  county  upon  in- 
dorsement by  the  county  superintendent  thereof.     (2846) 

381.  First  grade  certificates — First  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  and  of  at  least  eight  months'  successful 
experience  in  teaching.  Such  certificate  shall  be  signed  by  the  state  and 
county  superintendents,  and  shall  be  valid  for  five  years  in  any  county  of 
the  state,  upon  presentation  thereof  to  the  county  superintendent  of  such 
county.     (2847) 

382.  Special  certificates — The  state  superintendent  may  issue  a  special 
certificate  to  (1)  a  graduate  of  a  standard  and  approved  college  or  state  nor- 
mal school;  (2)  to  one  otherwise  qualified  who  has  completed  such  course 
of  study  and  training  as  the  said  superintendent  may  require,  authorizing 
the  holder  to  teach  music,  drawing,  home  economics,  manual  or  industrial 
arts,  agriculture,  commercial  subjects  or  to  serve  as  kindergarten  or  primary 
teachers.     (2862) 

383.  Certificates  from  other  states — The  state  superintendent  may  ac- 
cept or  endorse  certificates  from  other  states  on  such  conditions  as  he  may 
prescribe.     (2863) 

384.  High  and  normal  school  certificates  may  be  accepted  when — Cer- 
tificates from  state  high  or  normal  schools,  showing  a  standing  of  not  less 
than  seventy-five  per  cent,  may  be  received  by  the  state  superintendent, 
under  such  conditions  as  he  may  prescribe,  in  place  of  such  examination. 
(2840) 

385.  Renewal  and  validity  of  certificates — First  and  second  grade  cer- 
tificates may  be  renewed  as  prescribed  by  the  state  superintendent,  and 
shall  be  valid  in  all  grades  below  the  high  school  unless  the  school  board 
of  any  district,  by  formal  action,  decide  otherwise,  and  except  as  otherwise 
expressly  provided  in  this  chapter.     (2852) 

386.  Appeal  from  refusal  of  certificate — Any  person  to  whom  a  cer- 
tificate is  refused  may,  within  ten  days  from  the  receipt  of  notice  of  refusal, 
appeal  to  the  state  superintendent,  and  when  such  refusal  is  for  failure  to 
pass  the  scholastic  examination,  he  may  on  appeal  have  his  papers  reviewed 
and  marked  by  the  instructors  in  the  corresponding  branches  of  the  state 
university,  and  such  review  and  marking  shall  be  final.     (2854) 

PROFESSIONAL  EXAMINATIONS  AND  CERTIFICATES. 

387.  Professional  certificates — Permanent  teachers  of  high  character 
and  successful  experience  may  be  granted  first  grade  professional  certifi- 
cates, upon  passing  the  examination  of  furnishing  the  evidence  hereinafter 
provided  for  such  certificates.  Such  certificate  shall  authorize  the  holder 
to  teach  in  any  school  in  the  state,  upon  presenting  the  same  to  the  superin- 
tendent having  supervision  of  such  school,  and  shall  remain  in  force  as  long 
as  it*  holder  is  engaged  In  educational  pursuits,  but  shall  be  void  after  he 

98 


shall  cease  for  three  years  so  to  do  unless  it  be  renewed  by  indorsement  of 
the  state  superintendent.     (2857) 

388.  Same;  examination  for — State  examinations  for  professional  cer- 
tificates shall  be  held  by  the  state  superintendent,  or  by  a  committee  of  three 
competent  teachers  appointed  by  him,  at  such  times  and  places  as  he  may 
direct.     (2841) 

389.  Subjects  for  examination — Such  examinations  shall  include,  in  ad- 
dition to  the  branches  required  for  a  first  grade  certificate,  the  following: 

1.  Educational  science,  including  (1)  history  of  education,  (2)  phychol- 
ogy,  (3)  general  pedagogy,  and  (4)  school  organization  and  law. 

2.  Mathematics,  including  (1)  higher  algebra,   (2)  solid  geometry,  and 

(3)  trigonometry,  plane  and  spherical. 

3.  English,  including  (1)  English  and  (2)  American  literature,  and  (3) 
rhetoric. 

4.  History,  (1)  ancient  (to  A.  D.  800),  (2)  mediaeval,  (3)  English,  and 

(4)  American. 

5.  Science,  including  botany,  chemistry,  physics,  geology,  and  physi- 
ography, astronomy,  zoology  and  political  science.     (2842) 

390.  Second  grade  professional  certificates — A  second  grade  profes- 
sional certificate  may  be  granted  to  any  such  teacher  who  passes  a  success- 
ful examination  on  all  the  branches  included  in  subdivision  1,  and  in  six 
branches  included  in  the  other  subdivisions  of  section  2842  (357  herein),  to 
be  selected  by  him.     (2858) 

391.  Same;  first  grade  professional  certificates — A  first  grade  profes- 
sional certificate  may  be  granted  to  any  such  teacher  who  passes  a  satis- 
factory examination  in  all  the  branches  of  subdivision  1,  in  two  of  those 
in  each  of  subdivisions  2  and  3,  and  in  three  of  those  in  each  of  the  other 
subdivisions  of  section  2842  (357  herein),  or  furnishes  the  evidence  of 
qualification  made  equivalent  to  such  examination.     (2859) 

392.  Same;  professional  permits — The  state  superintendent  may  grant 
to  teachers,  who  lack  not  more  than  three  of  the  branches  required  for  a 
professional  certificate,  professonal  permits  good  for  one  year,  which  shall 
confer  during  such  time  the  same  authority  to  teach  as  a  professional  cer- 
tificate.    (2860) 

393.  Certificate    and    diploma    in    place    of   examination — A   first   grade 
state  certificate,  and  a  diploma  from  the  academic  department  of  a  reputable 
college  or  university,  with  proof  of  one  year's  successful  teaching  in  this 
state,  shall  be  accepted,  in  place  of  an  examination  in  all  such  branches 
(2843) 

394.  University  diplomas;  when  valid  as  certificates — Certificates  of 
graduation  from  the  state  university  issued  to  graduates  of  the  college 
of  education  and  to  those  graduates  from  its  college  of  science,  literature 
and  art  (or  its  college  of  agriculture),  who  have  taken  specified  courses  in 
the  college  of  education,  shall  be  valid  as  first  grade  professional  certificates 
for  two  years  from  their  date,  and  at  the  expiration  of  two  years  of  actual 
successful  teaching,  such  certificates,  endorsed  by  the  president  of  the  uni- 
versity and  the  state  superintendent,  shall  have  the  force  of  permanent 
first  grade  professional  certificates.     (2848) 

395.  Advanced  normal  school  diplomas — Diplomas  issued  to  graduates 
of  the  state  normal  schools  shall  be  valid  as  first  grade  certificates  for  two 
years  from  their  date,  and  at  the  expiration  of  two  years  of  actual,  success- 
ful teaching,  such  diplomas,  endorsed  by  the  president  of  the  school  grant- 

99 


ing  them,  and  the  state  superintendent,  shall  have  the  force  of  the  first 
grade  certificate  for  life.     (2849) 

396.  Normal  school  elementary  dip'omas — Elementary  diplomas  granted 
by  a  state  normal  school  upon  the  completion  of  such  portion  of  the  course 
of  study  as  may  be  prescribed  therefor  by  the  normal  school  board,  shall  be 
valid  as  first  grade  certificates  for  the  period  of  three  years  from  their  date, 
and  shall  not  be  renewable;  except  that  any  holder  of  such  an  elementary 
diploma  may  have  the  force  and  effect  thereof,  as  such  first  grade  certifi- 
cate, extended  for  a  further  period  of  three  years,  by  the  completion  of 
an  additional  one  year  of  work  in  a  Minnesota  state  normal  school,  and  the 
certificate  of  endorsement  thereon  by  the  president  of  such  school  and 
the  state  superintendent;  provided,  that  the  provisions  of  this  section  shall 
not  apply  to  persons  now  holding  Minnsota  elementary  normal  school 
diplomas,  nor  to  any  student  heretofore  enrolled  in  a  Minnesota  state 
normal  school  who  shall  be  graduated  prior  to  September  1,  1911.     (2850) 

397.  Normal  school  certificates — The  holders  of  certificates  from  the 
state  normal  schools,  showing  the  completion  of  two  years  of  prescribed 
work  in  such  schools,  shall  he  entitled  to  have  such  certificates  endorsed  by 
the  superintendent  of  public  instruction  and  thereby  given  the  full  force 
and  effect  of  a  second  grade  certificate.      (3851) 

398.  Records  of  certificates  and  diplomas — County  superintendent  of 
schools  shall  record  in  their  office  in  a  book  provided  by  the  rr-^d  of  count v 
commissioners  for  such  purpose,  all  material  facts  concerning  teachers' 
certificates  and  diplomas  presented  for  that  purpose  and  shall  certify  to  the 
holder  of  such  certificate  or  diploma  that  such  record  has  been  made.  (2831) 

If  a  teacher  has  a  valid  certificate,  she  may  enter  into  a  contract  to  teach  be- 
fore the  filing  of  the  certificate  and  file  her  certificate  afterward,  under  chapter 
137,  Laws  1905;  but,  if  the  board  should  make  a  contract  with  another  teacher 
who  had  filed  her  certificate  before  the  first  one  filed  hers,  the  contract  with  the 
latter  would  prevail  as  against  the  first  one  who  had  neglected  to  file.  However, 
teachers,  for  their  own  protection  should  he  careful  to  file  their  certificates  before 
making  a  contract  to  teach.     (Young,  p,  180.) 

399.  Suspension  of  certificates — Any  county  superintendent  of  schools 
may,  for  any  of  the  causes  mentioned  in  section  2  hereof,  upon  his  own 
authority  or  upon  written  complaint  of  any  school  board  of  his  county,  and 
after  serving  notice  on  the  teacher  of  the  grounds  of  complaint,  rnd  after 
an  opportunity  of  the  teacher  to  make  defense,  suspend  such  teacher's 
authority  to  teach  in  any  public  school  in  the  county. 

The  teacher  whose  certificate  is  thus  suspended  may  appeal  to  the  state 
superintendent  within  ten  days  after  receipt  of  notice  of  the  suspension  of 
the  certificate.  The  state  superintendent  shall  either  confirm,  modify  or 
reverse  such  suspension,  and  may  order  that  the  suspension  shall  apply 
against  teaching  in  any  public  school  in  the  state,  or  may  revoke  the 
certificate,  and  his  action  shall  be  final.  In  case  the  superintendent  shall' 
refuse  to  suspend  a  teacher's  certificate  upon  complaint  of  the  school  board 
employing  such  teacher,  the  board  may  appeal  in  like  time  and  manner, 
and  upon  such  appeal  the  state  superintendent  may  annul  the  teacher's 
authority  to  teach,  by  a  suspension  or  revocation  of  such  teacher's  certifi- 
cate, after  serving  notice  on  the  teacher  of  the  grounds  of  comprint,  and 
after  opportunity  for  the  teacher  to  make  defense,  and  his  action  in  the 
premises  shall  be  final. 

The  county  superintendent  shall  file  with  the  clerk  of  the  school  board 
and  the  state  superintendent  a  statement  of  the  suspension  of  any  teacher's 
certificate,  with  his  reason  for  such  action,  and  deliver  a  copy  of  such  state- 
ment to  the  teacher,  whose  authority  to  teach  in  such  county  shall  cease  in 
ten  days  from  the  service  of  such  statement  on  said  teacher,  unless  an  ap- 
peal is  taken,  as  herein  provided.     (2855) 

100 


400.  Causes  of  revocation  or  suspension — The  following  shall  be  con- 
sidered as  causes  for  the  revocation  or  suspension  of  a  teacher's  certificate: 

(a)  Immoral  character  or  conduct  unbecoming  a  teacher. 

(b)  Failure  (without  justifiable  excuse)  to  teach  for  the  term  of  his 
contract,  without  first  securing  the  written  release  of  the  school  board. 

(c)  Inefficiency  in  teaching  or  in  the  management  of  a  school. 

(d)  Affliction  with  active  tuberculosis  or  some  communicable  disease 
shall  be  considered  as  cause  for  the  suspension  of  certificate,  while  the 
holder  thereof  is  suffering  from  such  disability..     (2856) 

401.  Hiring  of  teachers — School  boards  shall  hire  teachers  at  meetings 
called  for  that  purpose.  No  teacher  related  by  blood  or  marriage  tu  u. 
tiustee  shall  be  employed  except  by  a  unanimous  vote  of  the  full  board. 
The  employment  shall  be  by  wiitten  conn  act,  signed  by  the  teacher,  ana 
in  common  districts,  by  at  least  two  of  the  trustees;  in  special  and  inde- 
pendent districts,  by  the  chairman  and  clerk.  Such  contract  shall  specify 
the  time  ol  employment,  and  the  wages  per  month.     (28b2) 

A  teacher  who  has  no  certificate  at  time  of  entering  into  a  verbal  contract, 
but  obtains  one  shortly  after  and  enters  into  a  written  contract  and  teaches 
the  scnool  tor  the  contract  term,  may  recover  at  the  contract  rate  from  date  of 
written  contract.     (20  M.  72.)     (Gil.  57.) 

A  conract  to  hire  a  teacher  not  having  a  certificate  is  void.     (27  M.  433.) 

Where  a  contract  purporting  on  its  face  to  have  been  made  by  the  district 
and  teacher  is  signed  by  ihe  teacher  and  two  persons  as  director  and  treasurer, 
the  implication  is  that  such  persons  aie  the  director  and  treasurer  and  therefore 
two  of  the  board  such  as  are  authorized  to  make  the  contract.     (27   M.   433.) 

When  an  order  has  b<  en  legally  issued  to  a  teacher  for  the  amount  due  her, 
and  has  been  presented  and  payment  demanded  and  refused,  she  may  maintain 
action  against  the  district,  even  though  a  writ  of  mandamus  might  lie  against  the 
treasurer.     (35  M.  309.) 

A  contract  between  a  teacher  and  the  trustees  of  a  district  must  be  in  writ- 
ing  and  signed   by   such   teacher  and  a   majority   of   the   trustees.      (39   M.   499.) 

An  oral  contract  by  a  teacher  with  a  school  board  is  not  valid,  and  no  re- 
covery  can   be   had   for  services   thereunder.      (77   M.   4G9.) 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  making  a  contract  which 
extends  beyond  the  life  of  the  certificate,  .such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the 
contract   expires   by  its  own   terms.      (Clapp,   October  12,  U91.) 

As  a  general  proposition  the  board  may  discharge  a  teacher  at  pleasure.  It 
is  incumbent  upon  them,  however,  to  se<  to  il  that  the  cause  is  good  and  suf- 
ficient, otherwise  the  district  is  not  releiv<  d  of  the  contract  made  with  the 
teacher.  The  only  provision  winch  can  possibly  operate  to  deprive  the  board  of 
the  power  of  discharging  a  teacher  is  that  which  authorizes  the  county  superin- 
tendent to  revoke  a  certificate  for  proper  cause.  I  am  of  the  opinion  that  such 
provision  is  not  exclusive,  the  officers  of  the  district  should  ,  ess  1 1 1 •  ■  power 
of  summary  dismissal  if  the  best  interests  of  the  school  so  require.  Cases  may 
arise  where  the  conduct  of  the  teacher  is  flagrantly  immoral  and  corrupting  ana 
calling  for  the  most  summary  action  on  the  part  of  the  board.  Certainly,  tne 
legislature  did  not  intend  to  so  abridge  the  authority  of  the  heard  as  to  render 
them  powerless  in  such  a  case.  These  views  are  fairly  sustained  by  the  follow- 
ing cases:  Boys  vs.  Slate,  6  Neb.  167;  Smartwood  vs.  Walbridge,  57  Ham.  33; 
Fisk  vs.  Board,  69  Hun.  212;  Tripp  vs.  schuui  Board,  i  .V  W.  840.  As  the  teach- 
er may  eniorce  his  contract  against  the  district,  notwithstanding  his  discharge, 
unless  justilied  by  the  facts,  the  board  should  advise  itself  by  careful  inquiry 
in  any  suitable  manner,  that  a  just  ground  for  discharge  exists.  (Childs,  Septem- 
ber 21,   1896.) 

A  strict  construction  of  this  section  would  compel  the  conclusion  that  a  legal 
contract  with  a  teacher  cannot  be  made  at  any   time  other  than   a  rig  of 

the  board  called  for  i  h     purpose;  but  il   there   were   such  a   m  |    which 

minus  of   the   board  and   the   teacher   nut    in  tract,   and    the   contract 

as  so   made   reduced   to  writing  and  signed   afterward   it   would    he    valid.      (Young, 
p.    180.) 

A    teacher   who   is    ready   and   willing    lo    perform    the   services    provided    for    in 
her  contract,   and   who  is   prevented    from    doing   so    by   an   epidemic   of  smal 
or  any  other   reason,    is  entitled    to   recover   hu  ?h    her  contract 

reads  "for  actual  services  rendered."     (Young,  p.   194  i 

Under  sections  1344  and  1325.  R.  I/,  a  teacher's  \  be  pud  by  orders 

drawn  by   the  clerk   upon   the   treasurer.     Such  ord>  be    discounted    by   the 

101 


teacher,  if  so  disposed,  at  less  than  face  value;  and  if  not  paid  when  presented, 
may  be  reduced  to  judgement  for  the  full  amount  against  the  district.  This  is  the 
teacher's  only  remedy.     (Young,  p.  199.) 

Teachers  cannot  be  compelled  to  make  up  time  lost  by  reason  of  an  epidemic 
of  disease,  and  the  board  cannot  refuse  to  pay  them  for  such  lost  time;  but  if 
the  teachers  voluntarily  acquiesce  in  an  arrangement  of  the  board  to  make  up 
the  lost  time,  they  cannot  demand  extra  pay.     (Young,  p.  204.) 

A  contract  made  with  a  teacher  who  holds  a  valid  certificate,  but  who  has 
not  filed  it  for  record  at  the  time  the  contract  is  made,  and  who  files  it  after- 
ward, is  valid  under  chapter  137,  Laws  1905.  However,  if  the  board  should,  during 
the  interval  between  such  contract  and  the  filing  of  such  certificate,  employ  an- 
other teacher  who  has  filed  her  certificate,  the  latter  would  prevail.  However, 
teachers  should  file  their  certificates  before  entering  into  contracts.  (Young,  June, 
1906.) 

The  board  of  a  common  district  may,  prior  to  the  annual  meeting,  employ  a 
teacher  for  the  ensuing  year  and  bind  the  district  for  the  legal  six  months  and 
for  such  further  time  as  shall  be  fixed  by  the  electors  at  such  meeting.  (93  M. 
411.) 

A  qualified  teacher  hired  at  a  meeting  of  the  board,  properly  called  for  that 
purpose,  whose  contract  is  signed  by  two  members  of  the  board,  has  a  legal 
teacher's   contract.      (Simpson,   March   30,    1909.) 

In  the  absence  of  an  express  provision  in  the  contract  with  a  teacher,  so 
specifying,  it  is  not  obligatory  upon  the  teacher  to  do  the  janitor  work  of  the 
schoolhouse.     (Simpson,   January  6,   1910.) 

If,  in  the  exercise  of  sound  judgement  and  discretion,  a  school  board  determines 
that  indulging  in  certain  pastimes  outside  of  school  hours,  by  teachers,  is  detri- 
mental to  the  work  of  the  school,  it  will  be  competent  for  the  board  to  make  a 
rule  forbidding  such  indulgence,  on  evenings  succeeding  school  days.  If,  under  all 
the  facts  and  circumstances,  such  a  ruJe  and  regulation  is  a  reasonable  one,  and 
the  action  of  a  teacher  in  violating  such  rule  is  detrimental  to  the  best  interests 
of  the  school,  then  such  failure  to  comply  with  the  rule  and  regulation  would  be 
a  cause  for  removal  of  such  teaqher,  though  the  question,  in  each  particular 
case,  as  to  the  reasonableness  of  the  rule,  might  ultimately  nave  to  be  passed 
upon  by  the  court.     (Simpson,  November  4,  1909.) 

School  boards  and  boards  of  education  in  independent  districts  have  the  right 
to  grant  their  teachers  permission  to  close  their  schools  without  loss  of  pay,  for 
the  purpose  of  attending  a  state  teachers'  convention.     (Simpson,  May  8,  1909.) 

The  statute  contemplates  the  payment  of  teachers  wages  at  the  end  of  each 
month's  services,  and  there  is  no  authority  for  a  school  board  retaining  the 
monthly  wages  of  teachers  two  weeks  after  the  end  of  the  month.  (Simpson, 
October  6,  1909.) 

Section  4237,  R.  L.  1905,  provides  that  "The  salary  or  wages  of  any  officer  or 
person  employed  by  a  county,  town,  city,  village  or  school  district,  or  by  any  de- 
partment thereof,  shall  be  liable  to  garnishment,  attachment  and  execution,  except 
as  excempted  by  law."     (Simpson,  February  25,  1909.) 

A  person  related  distantly  by  marriage  to  a  member  of  the  school  board  can- 
not be  elected  as  a  teacher  except  by  unanimous  vote  of  such  board.  (Smith, 
March  16,  1916.) 

A  school  board  may  employ  a  substitute  teacher  for  a  temporary  period  only 
and  the  contract  of  employment  need  not  be  in  writing.     (Smith,  April  20,  1915.) 

The  school  board  is  not  bound  by  the  vote  at  the  annual  school  meeting  that 
not  more  than  a  stated  sum  should  be  paid  for  a  eacher's  salary.  (Smith,  Novem- 
ber 28,   1916.) 

A  school  district  cannot  employ  a  teacher,  as  such,  except  one  qualified  ac- 
cording to  law;  but  there  is  no  objection  to  the  employment  of  a  person  who  is  a 
student  in  a  normal  department  as  assistant  to  a  qualified  teacher,  provided  there 
are  sufficient  funds  for  the  purpose  and  the  necessities  of  the  situation  reasonably 
justify  such  an  expenditure.      (Smith,   January  25,   1915.) 

There  is  nothing  in  t;he  law  preventing  the  employment  of  a  married  person 
as  teacher  or  to  prevent  one  already  employed  from  marrying  while  acting  as 
teacher  under  contract;  and  a  teacher  otherwise  qualified  and  who  holds  a  legal 
contract  cannot  be  forced  to  resign  because  of  being  married.  (Smith,  October 
9,  1914.) 

The  election  of  the  wife  of  the  superintendent  as  a  teacher  does  not  require 
the  unanimous  vote  of  the  school  board.     (Smith,  November  2,  1916.) 

A  public  school  teacher  cannot  wear  the  garb  of  a  religious  order  while  teach- 
ing in  such  school.     (Smith,  March  31,  1915.) 

A  school  board  cannot  employ  a  "principal"  for  a  term  of  more  than  one  year, 
(Smith,  April  20,  1915.) 

A  teacher  is  not  obliged  to  make  up  time  lost  because  of  a  storm.  (Smith! 
April  20,  1916.) 

A  teacher  is  not  obliged  to  make  up  time  lost  because  the  schoolhouse  was 
closed  on  election  day.     (Smith,  April  17,  1916.) 

102 


401£.  To  keep  registers — Every  teacher  shall  keep  a  register,  furnished 
by  the  clerk,  showing  the  daily  attendance  of  each  pupil,  and  such  other 
matters  as  may  be  required  in  such  register.  He  shall  also  keep  such  rec- 
ord of  deportment  and  scholarship  as  may  be  required  by  the  board.  The 
register  shall  show  the  names  and  ages  of  all  pupils,  the  names  and  num- 
ber of  days'  attendance  of  all  pupils  between  the  ages  of  five  and  eight  years 
between  eight  and  fifteen  years,  and  between  fifteen  and  twenty-one  years, 
and  the  names  of  all  paying  tuition.  In  common  districts  the  teacher  shall 
return  such  register  properly  kept  to  the  clerk  within  ten  days  after  the 
close  of  the  first  term  of  the  school  year.     (2833) 

j 

402.  To  report  to  county  superintendent — Such  teacher  shall,  within  the 
same  time,  make  his  report  to  the  county  superintendent  upon  blanks  fur- 
nished by  the  superintendent  through  the  clerk,  giving  the  names  in  full 
of  al  pupils  enroled  and  the  number  of  days'  attendance  of  each,  checking 
with  a  full  report  of  names  of  all  under  five,  over  twenty-one,  or  paying 
tuition  and  all  names  so  checked  shall  not  be  counted  for  apportionment. 
Within  like  time  after  the  close  of  each  suceeding  term,  he  shall  make  a 
further  report  showing  in  like  manner  all  additional  enrollments  during 
such  term,  the  number  of  days  that  each  pupil  has  attended  in  such  term, 
and  such  other  matters  as  may  be  called  for  in  the  blanks.  The  superin- 
tendent shall  receipt  for  such  reports.  No  order  shall  be  issued  for  the 
payment  of  the  wages  of  any  teacher  while  he  is  in  default  in  making  such 
reports  or  in  returning  his  register.  In  joint  districts  a  report  shall  be 
made  to  the  superintendent  of  each  county  showing  county  in  which  each 
pupil  resides.  Teachers  and  principals  in  other  districts  shall  make  such 
report  as  may  be  required  by  law  or  the  rules  of  the  board  under  like  appeal. 
(2834) 

403.  State  teacher's  employment  bureau — There  is  hereby  established 
a  bureau  for  the  purpose  of  securing  employment  for  teachers  in  the  public 
schools  in  this  state,  to  be  known  as  the  State  Teachers'  Employment 
Bureau,  and  to  be  maintained  in  connection  with  the  department  of  public 
instruction,  under  the  direction  of  the  superintendent  of  public  instruction, 
as  hereinafter  provided.     (2865) 

404.  Same;  who  shall  be  entitled  to  enrollment — Any  person  having  a 
certificate  to  teach  in  this  state,  or  who  has  completed  a  course  of  study  as 
required  for  the  issuance  of  a  certificate,  or  who  may  be  found  entitled  to 
receive  such  certificate,  and  who  is  deemed  to  be  a  fit  and  capable  person 
for  teaching,  shall  be  entitled  to  enroll  with  said  State  Teachers'  Employ- 
ment Bureau  upon  complying  with  the  regulations  hereinafter  referred  to, 
and  upon  the  payment  of  an  annual  fee  of  three  (3)  dollars,  which  fee  shall 
entitle  the  person  so  enrolled,  to  the  privileges  and  services  of  said  bureau 
for  the  term  of  one  year  from  the  date  of  filing  of  enrollment  and  receipt  of 
fee,     (2866) 

405.  Same;  purpose  of,  to  furnish  information — It  shall  be  the  purpose 
of  the  State  Teachers'  Employment  Bureau  to  furnish  information  to  boards, 
superintendents,  principals,  or  other  proper  authorities  of  public  schools, 
upon  request  regarding  teachers,  and  to  furnish  teachers  enrolled  with  th« 
bureau  information  relative  to  vacancies  in  positions  in  public  schools;  but 
no  person  connected  with  the  State  Teachers'  Employment  Bureau  shall  be 
held  responsible  for  nor  be  understood  to  vouch  for  the  fitnes  or  success 
of  any  teacher  who  may  secure  a  position  in  a  public  school  through  the 
said  bureau,  nor  shall  the  acceptance  of  the  enrollment  and  payment  of  the 
annual  fee  be  construed  as  a  guaranty  for  securing  tJbrougb  the  bureau  em- 
ployment to  teach.     (2867) 

406.  Same;  director,  duties — The  superintendent  of  publie  instruction 
shall  appoint  a  person  who  shall  be  known  as  the  director  of  the  State 
Teachers'  Employment  Bureau,  who  shall  perform  his  duties  under  the  gen- 
eral supervision  of  said  superintendent,  and  serve  during  his  pleasure,  and 

103 


who  shall  be  furnished  necessary  office  rooms  in  the  state  capitol.  The 
superintendent  of  public  instruction  may  appoint  such  clerical  and  other  as- 
sistants as  may  be  required  to  carry  out  the  purposes  of  this  act,  but  the 
expense  therefor  shall  not  exceed  the  moneys  appropriated  therefor.  Said 
superintendent  shall  be  charged  with  the  general  managment  and  control 
of  said  Teachers'  Employment  Bureau,  and  shall  make  the  necessary  rules 
and  regulations  for  conducting  its  affairs  and  for  the  obtaining  of  informa- 
tion as  to  the  experience,  qualification  and  character  of  persons  seeking  em- 
ployment. He  shall  collect  and  receipt  for  all  fees  provided  for  in  this  act, 
and  report  and  pay  said  fees  to  the  state  treasurer  once  in  each  month.  He 
shall  furnish  to  the  state  a  surety  bond  in  sum  to  be  fixed  by  the  governor 
and  state  auditor,  the  cost  therof  to  be  paid  for  from  the  funds  appropriated 
for  the  bureau.     (2868) 

407.  Same;     director    and    secretary    may    be    held    by    one    person — 

That  the  position  of  director  of  the  state  teachers'  employment  bureau 
provided  by  section  2868.  General  Statutes  1913,  and  the  position  of  secretary 
of  the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund 
provided  by  section  4,  chapter  199,  Laws  1915,  may  be  held  by  one  ana 
the  same  person.     (Section  1,  chapter  378,  Laws  1919.) 

408.  Same;  payment  of  salary — That  the  salary  of  the  director  of 
.the  state  teachers'  employment  bureau  and  the  secretary  of  the  board  of 

trustees  of  the  teachers'  insurance  and  retirement  fund,  when  the  two 
positions  are  held  by  one  and  the  same  person  shall  be  paid  one-half 
from  the  department  of  education  maintenance  appropriation  and  one-half 
from  the  teachers'  insurance  and  retirement  fund.  (Section  2,  chapter  378, 
Laws  1919.) 

STATE  TEACHERS'  INSURANCE  AND  RETIREMENT   FUND. 

409.  Pensions  and  annuities  for  teachers;  definition  of  terms — The  word 
teacher  as  used  in  this  act  shall  include  any  teacher,  supervisor,  principal, 
superintendent,  or  certified  librarian  employed  in  any  educational  or  admin- 
istrative capacity  in  the  public  schools  of  Minnesota,  or  in  any  educational, 
correctional,  or  charitable  institution  supported  wholly  or  in  part  by  this 
state,  excepting  those  employed  in  the  University  of  Minnesota.  The  term 
"member  of  the  Fund  Association,"  wherever  used  in  this  act  shall  mean  and 
include  every  teacher  (as  herein  defined),  who  shall  contribute  to  the  Teach- 
ers* Insurance  and  Retirement  Fund  by  the  payment  of  the  dues  hereinafter 
provided  by  this  act.     (Section  1,  chapter  199,  Laws  1915.) 

410.  Same;  state  fund  for,  sources  of — For  the  purpose  of  better  com- 
pensating the  teachers  in  the  public  schools  and  making  the  occupation  of 
"teacher"  in  this  state  more  attractive  to  qualified  persons,  there  is  hereby 
established  for  the  state  a  fund  to  be  known  as  the  "Teacher'  Insurance 
and  Retirement  Fund,"  for  the  benefit  of  teachers  who  have  served  not  less 
than  twenty  (20)  years  except  as  hereinafter  provided.  Said  fund  shall  be 
secured  from  the  following  sources: 

First.  From  assessments  on  the  members  of  the  fund  association  ac- 
cording to  the  following  schedule: 

For  the  first  five  years  of  teaching  service,  $5.00  per  year; 

For  the  second  five  years,  $10.00  per  year; 

For  the  next  ten  years,  $20.00  per  year; 

For  the  next  five  years;  $30.00  per  year; 

Provided  that  when  the  regular  annual  salary  as  teacher  of  any  member 
of  the  fund  association  shall  have  reached  $1,500  or  more  said  member  shall 

104 


be  assessed  upon  a  percentage  basis  as  follows:  One  and  one-half  (1%)  per 
centum  per  annum,  but  not  more  than  twenty  (20)  dollars  per  year  for  the 
first  ten  years  of  service  as  a  teacher;  and  two  (2)  per  centum  per  annum 
but  more  than  forty  (40)  dollars  per  year  for  each  successive  year  of 
service  as  teacher;  provided  that  in  no  case  shall  the  annual  assessments 
based  on  a  percentage  rate  be  less  for  any  year  than  the  flat  rate  assess- 
ments for  a  single  year  of  the  corresponding  period,  said  assessment  period 
to  cover  not  more  than  twenty-five  (25)  years  in  all,  after  which  all  assess- 
ments shall  cease. 

Second.  From  all  money  and  property  received  as  clonal  ions,  gifts, 
legacies,  devises,  bequests  or  otherwise,  for  the  benefit  of  said  Teachers' 
insurance  and  Retirement  Fund. 

Third.  From  all  interest  arising  from  investments  of  the  money  belong- 
ing to  said  fund. 

Fourth.  From  a  tax  of  one-twentieth  (1-20)  of  one  mill  which  is  hereby 
levied  annually  on  all  the  taxable  property  located  in  that  part  of  the  state 
subject  to  the  provisions  of  this  act,  after  the  valuation  of  said  property  has 
been  equalized  by  the  state;  said  tax  to  be  collected  by  the  same  officials 
and  at  the  same  time  and  in  the  same  manner  as  other  taxes  in  said  state, 
all  moneys  received  from  the  tax  hereby  levied  to  be  paid  into  and  become  a 
part  of  the  said  Teachers'  Insurance  and  Retirement  Fund. 

The  assessments  upon  the  members  of  the  fund  association  hereinbefore 
referred  to  shall  be  paid  in  as  many  equal  monthly  payments  as  there  are 
months  in  the  school  year  for  which  the  teachers'  salaries  are  paid,  and  such 
assessments  shall  be  deducted  from  the  several  boards  of  education  or  man- 
aging bodies  from  the  salaries  of  teachers  as  hereinbefore  provided. 

Credit  on  period  of  service  may  be  allowed  to  applicants  for  member- 
ship for  periods  of  employment  prior  to  the  taking  effect  of  this  law;  but 
in  such  case  the  applicant  must  pay  arrearages  at  the  above  rates  for  the 
period  of  sexwice  for  which  credit  is  so  allowed  under  rules  to  be  adopted 
by  the  board  of  trustees,  hereinafter  referred  to,  and  the  rules  adopted 
by  said  board  shall  be  uniform  in  their  operation  as  to  all  persons  affected. 
In  case  any  teacher  has  retired  for  any  cause  before  he  or  she  has  paid  in 
fees  a  sum  equal  to  the  full  amount  of  fees  required  for  the  annuity  applied 
for  and  to  which  such  teacher  is  entitled  by  period  of  service,  there  shall  be 
deducted  from  the  first  year's  annuity  to  such  teacher  such  sum  as  will  make 
the  total  amount  paid  by  said  teacher  equal  to  the  full  amount  of  said  fees. 
(Section  2,  chapter  199,  Laws  1915.) 

411.  Same;  contributions  from  teachers — How  paid  and  collected — It 
is  hereby  made  the  duty  of  each  board  of  education  or  managing  body  re- 
quired by  law  to  draw  the  warrants  or  orders  for  payment  of  salaries  of 
teachers  to  deduct  and  withhold  from  each  month's  salary  due  to  such  teach- 
er the  amount  which  such  teacher  is  required  to  pay  into  said  insurance 
and  retirement  fund  as  herein  specified,  and  at  the  time  of  such  deduction 
a  statement  showing  the  amount  of  such  deductions  shall  be  furnished  to 
such  teacher. 

Such  board  of  education  or  other  managing  body  shall,  between  the  flrsl 
and  fifteenth  of  January  and  between  the  first  and  fifteenth  of  July  of  each 
year,  forward  to  the  treasurer  of  the  county  in  which  such  school  district 
is  situated  a  statement,  verified  by  the  kary  or  clerk  thereof,  showing 

the  amount  of  money  so  retained  from  each  teacher  in  accordance  with  t lie- 
provisions  of  this  act,  and  with  said  statement  shall  transmit  Hie  entire 
amount  so  retained  to  the  treasurer  of  said  county;  and  in  case  any  school 
district  is  situated  in  more  than  one  county  such  report  and  remittance  shall 
be  sent  to  the  senior  county.  Said  board  of  education  or  other  managing 
body  shall  also,  on  or  before  the  fifteenth  day  of  July  of  each  year,  trans- 

105 


mit  to  the  county  superintendent  a  statement  showing  the  name  of  each 
teacher,  the  number  of  months  of  school  taught  during  the  year  for  which 
the  statement  is  made,  the  number  of  months  which  constitute  a  school 
year  in  said  district  or  institution,  and  the  total  amount  withheld  from  the 
salary  of  each  teacher  for  the  school  year  preceding,  showing  also  the  num- 
ber of  years  each  of  said  teachers  has  taught  in  the  public  schools  of  that 
district.  If  no  teacher  in  such  public  school  or  other  educational  institution 
comes  under  the  provisions  of  this  act,  said  report  shall  state  such  fact 
and  shall  be  verified  by  the  oath  of  the  clerk  or  secretary.  The  failure  of 
any  member  of  a  school  board,  board  of  education  or  other  body  having  the 
management  of  any  educational  institution  to  perform  any  of  the  duties 
herein  required  of  them  shall  "be  a  misdemeanor. 

Each  county  superintendent  shall  each  year,  on  or  before  the  first  day 
of  September,  report  under  oath  to  the  board  of  trustees  of  the  State  Teach- 
ers' Insurance  and  Retirement  Fund,  giving  an  itemized  summary  of  the 
statements  received  by  him  from  the  school  boards  and  other  educational 
managing  bodies,  showing  the  total  amount  withheld  from  the  salaries  of 
teachers  in  said  county  for  the  benefit  of  said  insurance  and  retirement  fund. 
Between  the  fifteenth  and  thirtieth  day  of  January  and  between  the  fifteenth 
and  thirtieth  day  of  July  of  each  year,  the  county  treasurer  of  each  county 
shall  transmit  to  the  state  treasurer  all  moneys  received  from  the  boards  of 
education  or  other  managing  bodies  of  school  districts  or  other  educational 
institutions,  in  accordance  with  the  provisions  of  this  act,  and  shall  certify 
under  oath  to  the  correctness  of  the  amount  so  received  and  transmitted. 
The  state  treasurer  shall  credit  all  moneys  received  under  the  provisions 
of  this  act  to  the  State  Teachers'  Insurance  and  Retirement  Fund. 

Provided,  however,  that  the  state  treasurer,  the  several  county  treas- 
urers and  the  treasurers  of  the  various  school  districts  shall  be  officially 
liable  for  the  receipt,  handling  and  disbursement  of  all  moneys  coming  into 
their  hands  belonging  to  the  said  State  Teachers'  Insurance  and  Retirement 
Fund,  and  the  securities  on  the  official  bonds  of  each  of  said  treasurers 
shall  be  liable  for  such  money  the  same  as  for  all  other  moneys  belonging 
to  the  school  funds  of  this  state.     (Section  3,  chapter  199,  Laws  1915.) 

A  teacher  employer  for  the  first  time  on  September  1,  1915,  is  required  to  be- 
come a  member  of  the  retirement  fund  asociation  and  is  required  to  pay  the 
fixed  sum  into  such  fund.     (Smith,  Feb.  17,  1916.) 

412.  Same;  management  of  fund,  board  of  trustees,  powers  of — The 
management  of  the  fund  shall  be  vested  in  a  board  of  five  (5)  trustees, 
which  shall  be  known  as  the  "Board  of  Trustees  of  the  Teachers'  Insurance 
and  Retirement  Fund."  Said  board  shall  be  composed  of  the  following  per- 
sons: The  state  superintendent  of  education,  the  state  auditor,  the  attorney 
general  and  two  (2)  members  of  the  fund  association,  who  shall  be  elected  by 
the  members  of  the  fund  association  at  the  time  and  place  of  the  annual 
meeting  of  the  Minnesota  Educational  Association  and  shall  serve  for  the 
term  of  two  years  beginning  on  the  first  Monday  of  January  next  succeeding 
their  election,  except  in  the  case  of  the  first  elective  members,  who  shall 
assume  office,  immediately  after  their  election  and  serve  one  for  one  year 
and  one  for  two  years  from  the  first  Monday  of  January  next  succeeding 
their  election  and  until  their  successors  are  elected.  Vacancies  in  the  elec- 
tive membership  of  the  board  shall  be  filled  by  appointment  by  said  board  of 
trustees,  the  appointee  to  serve  until  the  next  meeting  of  the  fund  associa- 
tion, when  the  members  of  said  fund  association  shall  elect  a  trustee  or 
trustees  to  serve  for  the  unexpired  term  or  terms.  No  person  shall  be 
appointed  by  the  board  of  trustees  or  elected  by  the  members  of  the  fund 
association  as  a  member  of  the  board  of  trustees  who  is  not  a  member  of  the 
fund  association  at  the  time  of  the  appointment  or  election. 

In  the  interval  between  the  passage  of  this  act  and  the  time  when  the 
first  elective  members  of  the  board  of  trustees  shall  assume  office,  as  here- 
inbefore provided,  the  superintendent  of  education,  the  state  auditor  and 

106 


the  attorney  general  shall  constitute  a  temporary  board  of  trustees  of  the 
Teachers'  Insurance  and  Retirement  Fund  and  shall  be  empowered  to  per- 
form the  duties  of  said  board. 

Said  board  of  trustees  shall  have  power  to  frame  by-laws  for  its  own 
government,  not  inconsistent  with  the  laws  of  the  state,  and  to  modify  them 
at  pleasure;  to  elect  one  of  its  own  members  as  president  of  the  board  and 
to  provide  and  enforce  all  rules  and  regulations  necessary  to  carry  into 
effect  the  provisions  of  this  act;  to  elect  a  secretary,  who  shall  serve  during 
the  pleasure  of  the  board,  and  to  fix  the  salary  and  prescribe  the  duties 
of  the  office  of  secretary;  to  authorize  the  issuance  of  warrants  by  the  state 
auditor  on  the  state  treasurer,  for  the  payment  out  of  said  fund  of  all 
annuities  or  benefits  payable  under  the  provisions  of  this  act,  of  the  salary 
of  the  secretary,  and  other  necessary  expenses. 

All  applications  for  annuities  or  benefits  under  this  act  must  be  made 
to  said  board.  In  passing  upon  said  applications,  said  board  may  summon 
witnesses  and,  in  the  case  of  applications  founded  on  disability,  may  re- 
quire any  applicant  to  submit  to  a  medical  examination  al  his  or  her  own 
expense,  and,  in  the  case  of  all  applicants,  may  conducl  any  reasonable  in- 
vestigation to  determine  the  justice  of  any  claim  submitted.  It  may  sue  or 
be  sued  in  the  name  of  the  board  of  trustees  of  the  Teachers'  Insurance  and 
Retirement  Fund,  and,  in  all  actions  brought  by  or  against  it,  said  board 
shall  be  represented  by  the  attorney  general.  Said  board  shall  constitute 
a  part  of  the  state  government,  but  in  any  action  brought  against  it  by  any 
person  claiming  to  be  a  beneficiary  of  said  Teachers'  Insurance  and  Retire- 
ment fund  it  shall  not  claim  immunity  from  suit. 

It  shall  be  the  duty  of  said  board  to  invest  as  much  of  the  funds  in  its 
hands  as  shall  not  be  needed  for  current  purposes.  Such  investments  shall 
be  made  in  the  same  class  of  securities  as  those  in  which  the  school  funds 
of  the  state  are  required  to  be  invested,  and  all  securities  taken  upon  such 
investments  shall  be  deposited  with  the  state  treasurer;  but  in  case  of 
necessity  such  securities  may  be  sold  in  order  to  raise  money  for  current 
purposes.  No  such  scale  shall  be  made  except  by  the  unanimous  vote  of  said 
board,  such  vote  to  be  entered  upon  the  records  of  its  proceedings.  All  in- 
terest obtained  from  such  investments  shall  be  placed  in  the  general  fund, 
to  be  used  for  current  purposes.  A  suitable  office  in  the  capitol,  with  suit- 
able furniture  and  necessary  office  supplies,  shall  be  provided  by  the  proper 
state  officer  for  the  use  of  said  board  of  trustees.  (Section  4,  chapter  199, 
Laws  1915.) 

413.  Same;  meetings  of  board  of  trustees,  compensation  and  expenses 
0f — The  board  of  trustees  shall  meet  annually  at  the  office  of  the  secretary, 
in  the  state  capitol,  on  the  second  Saturday  in  September  at  an  hour  to  be 
fixed  by  the  board.  Special  meetings  may  be  held  at  any  time  on  the  call 
of  the  president  of  said  board  or  by  any  three  members  thereof.  The  state 
auditor,  state  superintendent  of  education  and  attorney  general  shall  serve 
as  members  of  said  board  without  additional  comp  on,  but  the  elec 

members  of  said  board  shall  be  entitled  to  compensation  at  the  rate  of  five 
dollars  per  day  and  necessary  expenses,  while  attending  all  meetings  of 
said  board,  to  be  paid  out  of  the  insurance  and  retirement  fund.  (Section 
5,  chapter  199,  Laws  1915.) 

414  Same;  fiscal  year,  reports  of  trustees  and  publication  of— The 
fiscal  year  of  the  insurance  and  retirement  fund  shall  begin  on  the  first  day 
of  August  and  shall  end  on  the  thirty-first  day  of  July.  The  board  of  trus- 
tees shall  present  annually  to  the  fund  association  at  its  annual  meeting 
hereinafter  provided  for,  a  report  of  the  condition  of  said  funds  lor  the  last 
preceding  year,  which  shall  include  the  receipts  and  expenditures  on 
count  of  the  fund,  together  with  a  list  of  the  beneficiaries  ih-reof  and  of 
the  securities  in  which  said  fund  is  [nvei  t<  d.     A  copj  n  port  shall  be 

sent  to  the  governor,  a  copy  shall  be  retained  by  the  state  superintendent 

107 


of  education,  and  a  copy  sent  to  each  county  superintendent,  city  superin- 
tendent, graded  school  principal,  and  the  superintendent  or  president  of  each 
state  educational  institution.  This  report  shall  be  published  in  the  biennial 
report  of  the  state  superintendent  of  education.  (Section  6,  chapter  199, 
Laws  1915.) 

415.  Same;  state  treasurer  to  be  treasurer  of  fund,  duties  of — The  treas- 
urer of  the  state  shall  be  ex  officio  treasurer  of  the  Teachers'  Insurance  and 
Retirement  Fund,  and  his  general  bond  to  the  state  shall  cover  any  liabiliii*  ; 
for  his  acts  as  treasurer  of  said  fund.  He  shall  receive  all  moneys  payable 
to  said  fund  and  pay  out  the  same  only  on  warrants  issued  by  the  state 
auditor  upon  vouchers  signtd  by  the  president  and  secretary  of  the  board 
of  trustees-  Said  treasurer  shall  give  receipts  for  all  moneys  received  by 
him  for  said  fund,  shall  keep  full  and  correct  account  of  the  financial  trans- 
actions connected  therewith,  and  shall  make  an  annual  report  to  the  board 
of  trustees  at  its  annual  meeting  of  the  receipts  and  disbursements  and  other 
financial  transactions  connected  with  said  fund.     (Section  7,  chapter  199, 

Laws  1915.) 

416.  Same;  membership  and  conditions  thereof — Any  person  em- 
ployed as  teacher,  when  this  act  takes  effect,  in  any  public  school  in  this 
state  or  in  any  other  educational  institution  included  in  section  one  of  this 
act  shall  be  permitted  to  become  a  member  of  the  fund  association  and  to 
receive  the  benefits  of  this  act,  if  application  be  made,  in  writing  to  the 
board  of  trustees  of  the  Teachers'  Insurance  and  Retirement  Fund  on  or 
before  September  1,  1917.  At  the  time  of  making  application  to  the  board 
of  trustees  as  herein  provided,  such  teachers  shall  notify  the  local  school 
board  or  managing  body  of  the  institution  in  which  he  or  she  is  employed,  in 
writing,  of  his  or  her  election  to  come  within  the  provisions  of  this  act  and 
shall  authorize  said  board  or  managing  body  as  a  part  of  said  notice  to 
deduct  or  withhold  on  every  pay  day  from  his  or  her  salary  the  amount 
which  he  or  she  would  pay  into  the  fund,  as  specified  in  section  two. 

Any  person  who  shall  accept  employment  in  this  state  as  a  teacher, 
as  hereinabove  defined  after  September  1,  1915,  and  who  shall  not  have 
been  employed  in  this  state  at  the  time  this  act  takes  effect  shall  by  virtue 
of  the  acceptance  of  such  employment  become  subject  to  all  terms,  pro- 
visions, and  conditions  of  this  act,  and  shall  become  a  member  of  the  fund 
association.     (Section  8,  chapter  199,  Laws  1915.) 

The  expression  "accept  employment"  in  section  8,  of  this  act  does  not  refer 
to  the  time  of  signing  the  contract  but  to  the  actual  entering  upon  and  rendering 
of  teaching  service  under  a  contract.      (Smith,  June  19,   1915.) 

417.  Same;  annuities,  schedule  and  payment  of — Any  member  of  the 
fund  association  who  shall  have  rendered  twenty  (20)  years  or  more  of 
service  as  teacher  in  the  public  schools,  one  year  of  which  may  have 
been  a  leave  of  absence  for  study,  and  at  least  fifteen  years  of  which 
including  the  last  five  immediately  preceding  the  term  of  retirement,  have 
been  spent  in  the  public  schools  of  this  state  and  who  ceases  to  be  em- 
ployed as  a  teacher  for  any  reason,  shall  be  retired  at  his  or  her  own  re- 
quest by  the  board  of  trustees  and  receive  an  annuity  in  accordance  with 
the  following  schedule: 

For  20  years  of  service $350.00 

For  21  years  of  service 380.00 

For  22  years  of  service 410.00 

For  23  years  of  service 440.00 

For  24  years  of  service 470.00 

For  25  years  of  service 500.00 

In  computing  the  time  of  service  of  a  teacher,  the  length  of  the  legal 
school  year  in  the  district  or  institution  where  such  service  was  rendered 
shall  constitute  a  year,   provided  such  year  shall  not  be  less  than  seven 

108 


months.  In  a  calendar  year  credit  shall  be  allowed  for  only  one  year  of 
service.  If  a  teacher  teaches  for  only  a  fractional  part  of  any  year,  credit 
shall  be  given  for  such  fractional  part  of  a  year  as  the  term  of  service 
rendered  shall  bear  to  the  legal  school  year  of  such  district  or  institution, 
but  in  no  case  shall  the  legal  year  be  less  than  seven  months. 

Such  annuities  shall  be  paid  quarterly. 

Any  teacher  who  shall  become  mentally  or  physically  incapacitated 
after  having  served  as  teacher  for  fifteen  (15)  years,  ten  (10)  of  which  shall 
have  been  in  this  state,  shall  be  entitled  to  receive  an  annual  benefit  from  the 
insurance  and  retirement  fund  equal  to  as  many  twentieths  of  the  full  an- 
nuity for  twenty  (20)  years  as  the  term  of  total  service  rendered  by  such 
teacher  bears  to  twenty  (20)  years. 

Any  person  retiring  under  the  provisions  of  this  section  may  return  to 
the  work  of  teaching  in  said  public  schools,  but  during  said  term  of  teaching 
the  annuity  or  benefit  paid  to  such  person  shall  cease.  Said  annuity  shall 
again  be  paid  to  such  person  upon  his  or  her  further  retirement.  (Section 
9,  chapter  199,  Laws  1915.) 

A  teacher  must  have  been  in  continuous  teaching  service  in  Minnesota  (out- 
side of  cities  of  the  first  class)  for  five  successive  school  years  immediately  pre- 
ceding the  time  of  retirement  from  teaching  in  order  to  become  entitled  to  receive 
an  annuity  under  this  section.     (Smith,  June  29,  1915.) 

Teaching  in  county  training  schools  or  in  summer  terms  of  the  state  normal 
schools  counts  toward  the  required  teaching  period  referred  to  in  sections  1,  2,  8 
and  9,   of  this  act.     (Smith,  June  19,  1915.) 

A  beneficiary  receiving  an  annuity  from  the  teachers'  retirement  fund  can 
teach  in  private  schools  without  forfeiting  the  right  to  the  annuity.  (Smith,  Sep- 
tember 6,  1916.) 

A  leave  of  absence  granted  during  any  one  of  the  last  five  years  before  retire- 
ment may  be  counted  as  one  of  the  last  five  successive  years  of  teaching  referred 
to  in  section  9,  chapter  199,   S.  L.  1915.     (Smith,  September  24,   1915.) 

418.  Same;  refundment  on  termination  of  membership,  conditions  of — 
In  the  event  that  any  member  of  the  fund  association  ceases  to  be  a  teacher 
in  the  state  and  thereby  terminates  membership  in  the  fund  association 
before  drawing  an  annuity,  such  member  shall,  if  application  be  made  in 
writing  to  the  board  of  trustees  within  six  months  after  his  or  her  resigna- 
tion, be  entitled  to  the  return  out  of  the  fund  without  interest  of  such  sum  as 
shall  equal  one-half  of  all  moneys  paid  into  the  fund  by  such  teacher;  pro- 
vided further,  that,  in  the  event  such  teacher  subsequently  returns  to  teach- 
ing in  Minnesota  and  thereby  becomes  a  member  of  said  association,  such 
teacher  shall  be  required  to  refund  to  said  insurance  and  retirement  fund 
the  amount  so  drawn  with  interest  thereon  at  the  rate  of  five  per  cent  pei 
annum,  such  sum  to  be  refunded  within  one  year  from  his  or  her  return. 
In  case  of  the  death  of  any  member  of  this  fund  association  before  an  an- 
nuity shall  have  been  drawn  from  said  fund,  the  board  of  trustees  shall  re- 
fund to  his  or  her  estate,  heirs,  or  assigns  an  amount  equal  to  one-half  that 
annuity  paid  into  the  fund  by  said  member.  (Section  10,  chapter  199, 
Laws  1915.) 

419.  Same;  annuities  not  subject  to  legal  process — The  annuity  so 
created  shall  not  be  subject  to  assignment  or  seizure  on  legal  process  against 
any  beneficiary.     (Section  11,  chapter  199,  Laws  1915.) 

420.  Same;  reduction  of  annuities,  when  and  how  effected — The  board 
of  trustees  may  ratably  reduce  the  annuities  provided  in  this  act  whenever, 
in  the  judgment  of  the  board,  the  condition  of  the  fund  shall  require  such 
reduction.     (Section  12,  chapter  199,  Laws  1915.) 

421.  Same;  when  and  how  annuities  may  be  granted — Annuities  may 
be  granted  by  the  board  of  trustees  at  any  time  after  the  passage  of  this 
act,  such  annuities  beginning  at  the  date  on  which  the  granl  is  made,  but 
no  payments  shall  be  made  before  September  1,  1916.  (Section  13,  chapter 
199,  Laws  1919.) 

109 


422.  Same;  elections  of  two  members  of  trustees  by  teachers— A.t  the 
time  and  place  of  the  meeting  of  the  Minnesota  Educational  Association  in 
1915,  those  teachers  who  have  qualified  as  members  of  the  fund-  association 
by  complying  with  the  provisions  of  section  8,  of  this  act  shall  meet  at  the 
call  of  the  state  superintendent  of  education  for  the  purpose  of  electing  tiom 
said  members  of  the  fund  association  two  members  of  the  board  of  trustees 
of  the  Teachers'  Insurance  and  Retirement  Fund,  as  hereinbefore  provided, 
and  annually  thereafter  at  the  time  and  place  of  the  annual  meeting  of  the 
Minnesota  Educational  Association  the  board  of  trustees  shall  call  a  meeting 
of  the  members  of  the  fund  association  for  the  purpose  of  electing  one  or 
more  members,  as  may  be  required,  of  said  board  of  trustees,  and  hearing 
the  annual  report  of  said  board,  and  of  transacting  any  other  business  that 
may  properly  come  before  said  meeting.  (Section  14,  chapter  199,  Laws 
1915.)  * 

423.  Same;  act  not  to  apply  to  certain  cities — This  act  shall  not  apply 
to  any  city  of  the  first  class  in  this  state.  (Section  15,  chapter  199,  Laws 
1915.) 

Teaching  service  in  cites  of  the  first  class  (St.  Pauil,  Minneapolis  and  Duluth) 
may  be  counted  as  a  part  of  the  fifteen  year  teaching  period  in  Minnesota  referred 
to  in  section  9,  of  this  act.     (Smith,  June  19,  1915.) 

Note — The  law  of  1915  relating  to  State  Teachers'  Insurance  and  Re- 
tirement Fund,  being  chapter  199  of  Laws  of  1915  and  sections  409  to 
423  inclusive  of  this  compilation,  neither  repeals  nor  affects  the  prior  law 
relating  to  Teachers'  Retirement  Fund  Associations  in  cities  of  more  than 
ten  thousand  population,  being  chapter  343,  Laws  of  1909  as  amended  by 
chapter  300  of  1917.  The  latter  law  is  omitted  from  this  compilation  for  the 
reason  that  associations  under  it  have  been  formed  only  in  two  or  three  of 
the  larger  cities  and  are  not  likely  to  be  formed  elsewhere  hereafter.  For 
the  old  law  see  sections  1422  and  1430,  general  statutes  of  1913  and  amend- 
ments as  noted. 


PART  VI. 

I 
STATE  PUBLIC  LIBRARY  COMMISSION. 

Note:  The  functions,  powers  and  duties  of  the  former  State  Public 
Library  Commission  are  now  exercised  and  performed  by  the  State  Board 
of  Education  and  the  sections  of  the  statutes  pertaining  thereto  thus,  by 
reference,  become  a  part  of  the  general  laws  on  education. 

424.  Purchase  of  books;  office— The  commission  may  purchase  collec- 
tions of  books,  to  be  property  of  the  state,  and  used  as  a  state  circulating 
library,  from  which  any  town,  village,  or  community  may  borrow  under  pre- 
scribed regulation.  It  shall  divide  such  books  into  groups,  to  be  known  as 
traveling  libraries,  catalogue  and  prepare  them  for  circulation,  and  make 
rules  for  the  conduct  of  its  business,  such  as  shall  insure  the  care,  preserva- 
tion and  safe  return  of  all  books  loaned.  Suitable  rooms  shall  be  pro- 
vided in  the  capitol  for  its  use.     (4913) 

425.  To  advise  librarians,  etc.— Said  commission,  without  charge,  shall 
give  advice  and  instruction  to  the  managers  of  any  public  library  and  to 
the  trustees  or  agents  of  any  village,  town  or  community  entitled  to  borrow 
from  said  collections,  upon  any  matter  pertaining  to  the  organization, 
maintenance,  or  administration  of  libraries.  It  shall  assist,  by  counsel  and 
encouragement,  in  the  formation  of  libraries  where  none  exist,  and  may  send 
its  members  to  aid  in  organizing  the  same,  or  in  improving  those  already 
established.     (4914) 

426.  Statistics;  reports;  disbursements — The  commission  shall  keep 
statistics  of  the  free  public  libraries  of  the  state,  and  a  record  of  the  work 

110 


done  and  the  books  loaned  by  it,  and  report  the  same  to  each  regular 
session  of  the  legislature  with  a  statement  of  its  expenditures,  the  use 
made  of  the  traveling  libraries,  and  such  other  matters  as  it  deems  proper. 
Upon  presentation  of  itemized  vouchers,  approved  by  at  least  three  mem- 
bers of  the  commission  the  state  auditor  shall  issue  his  warrants  for  all 
proper  expenditures  hereunder.     (4915) 


CHAPTER  XVIII 

STATE  UNIVERSITY. 

427.  Board  of  regents — The  government  and  general  educational  man- 
agement of  the  state  university  is  vested  in  a  board  of  twelve  regents, 
consisting  of  the  governor,  the  state  superintendent,  the  president  of  the 
university,  ex-officio,  and  nine  other  regents  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  senate.  Such  board  shall  be  a  body 
corporate  under  the  name  of  the  University  of  Minnesota,  li  shall  have  a 
common  seal  and  alter  the  same  at  pleasure.     (3010) 

The  board  of  regents  of  the  university  cannot  make  promissory  notes  in  the 
commercial  sense,  but  may  make  contracts  for  erecting-  buildings  and  give  written 
evidence  of  debt  incurred  therein,  payable  at  a  future  day,  out  of  the  fund  pro- 
vided by  the  legislature;  and  judgments  may  be  brought  against  the  board  for 
such  debts,  but  such  judgments  bind  only  the  fund  on  the  faith  of  which  the 
credit  was  given.  All  persons  dealing  with  the  regents  must  take  notice  of  their 
powers.  -  The  title  to  all  lands  reserved  by  congress  for  the  use  and  support  of 
the  university,  and  of  all  property,  real  and  personal,  acquired  by  the  regents, 
with  the  fund  placed  at  their  disposal  is  in  the  state.     (7  M.  61)     (Gil.  45) 

University  of  Minnesota — The  board  of  regents  of  the  state  university  are  by 
section  4,  article  8,  of  the  constitution,  and  by  section  1470,  R.  L.  1905,  constituted 
a  body  corporate  under  the  name  of  the  University  of  Minnesota. 

Board  of  Regents — Such  board  is  by  law  exclusively  vested  with  the  manage- 
ment of  all  the  educational  affairs  of  the  institution,  and  the  courts  of  the  state 
have  no  jurisdiction  to  control  its  discretion;  but,  if  the  board  refuses  to  per- 
form any  of  the  duties  imposed  upon  it  by  law,  mandamus  will  lie  to  compel 
it  to  act. 

428.  Same;  term  of  office — vacancies — The  term  of  office  of  the  regents 
shall  be  six  years,  and  until  their  successors  qualify,  beginning  on  the  first 
Wednesday  in  March  succeeding  their  appointment.  Any  appointment  to 
fill  a  vacancy  shall  be  for  the  unexpired  term.     (3011) 

429.  Same;  organization — The  board  shall  elect  one  of  its  members  as 
president,  and  also  a  recording  secretary  and  treasurer,  neither  of  whom 
may  be  a  regent,  and  in  its  discretion  it  may  elect  a  vice  president.  They 
shall  hold  office  during  the  pleasure  of  the  board.  The  annual  meeting 
shall  be  held  on  the  second  Tuesday  in  December.  Such  special  meetings 
may  be  held  as  the  board  may  direct.  Before  entering  upon  the  duties  of  his 
office,  the  president  shall  file  with  the  secretary  of  state  a  bond  to  the 
state  in  the  sum  of  ten  thousand  dollars,  and  the  treasurer  a  bond  in  the 
sum  of  fifty  thousand  dollars,  both  to  be  approved  by  the  governor,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  their  respective  offices. 
(3012) 

430.  Same;  powers  and  duties — The  board  shall  enact  by-laws  for  the 
educational  government  of  the  university,  and  shall  elect  proper  professors, 
including  a  professor  in  Scandinavian  languages  and  literature,  teachers, 
officers  and  employes,  and  fix  their  salaries  and  terms  of  office,  determine 
the  moral  and  educational  qualifications  of  applicants  for  admission,  pre- 
scribe text-books  and  authorities  and  courses  of  study,  and,  in  their  discre- 
tion, confer  such  degrees  and  diplomas  as  are  usual  in  universities.  It  shall 
have  supervision  and  control  of  the  agricultural  experiment  station,  and  of 
the  experimental  tree  station,  and,  with  the  advice  of  the  president  and  sec- 
retary of  the  state,  horticultural  society,  shall  appoint  a  superintendent  of 

111 


such  tree  station,  who  shall  report  to  the  board  as  it  may  direct,  and  to 
such  society  annually  in  person  at  its  winter  meeting.     (3013) 

431.  Same;  to  report  to  governor — On  or  before  the  second  Tuesday  in 
December,  the  board  shall  make  an  annual  report  to  the  governor,  showing 
in  detail  the  progress  and  condition  of  the  university  during  the  preceding 
university  year,  its  wants,  the  nature,  cost,  and  result  of  all  improvements, 
experiments  and  investigations,  the  number  and  names  of  professors,  teach- 
ers, and  students  in  each  department,  the  amount  of  money  received  and 
disbursed,  and  such  other  matters,  including  industrial  and  economic  sta- 
tistics, as  it  may  deem  important.  A  copy  of  such  report  shall  be  trans- 
mitted to  each  college  or  university  endowed  by  act  of  congress,  and  to  the 
secretary  of  the  interior.     (3016) 

432.  Same;  power  to  accept  bequests,  etc. — The  University  of  Minne- 
sota may  accept,  in  trust  or  otherwise,  any  gift,  grant,  bequest,  or  devise 
lor  educational  purposes,  and  may  hold,  manage,  invest,  and  dispose  of  the 
same,  and  the  proceeds  and  income  thereof,  in  accordance  with  the  terms 
and  conditions  of  such  gift,  grant,  bequest,  or  devise,  and  of  the  acceptance 
thereof;  and  any  person  or  persons  contributing  not  less  than  fifty  thousand 
dollars  to  the  university  may  endow  a  professorship  therein,  the  name  and 
object  of  which  shall  be  determined  by  the  board.     (3017) 

433.  Purchasing  agent;  powers  and  duties- — The  president  of  the  board 
of  regents  by  and  with  the  consent  and  approval  of  the  members  of  saiU 
board,  shall  appoint  a  purchasing  agent,  whose  duties  shall  be  as  herein 
provided  for  and  whose  compensation  shall  be  fixed  by  the  said  board  of 
regents  and  paid  out  of  the  funds  provided  for  the  maintenance  of  said 
university.  The  said  purchasing  agent  shall  attend  to  the  purchasing  of  all 
necessary  supplies  for  the  several  departments  of  the  state  university.  Pre- 
vious to  the  termination  of  each  quarterly  period  of  the  year  the  dean  or 
other  executive  head  of  each  of  the  several  departments  of  the  state  univer- 
sity shall  prepare  estimates  in  detail  of  all  the  supplies  required  for  such 
department  for  the  ensuing  quarterly  period.  Prior  to  the  opening  of  such 
quarterly  period  such  estimate  shall  be  submitted  by  the  said  dean  or  other 
executive  head  of  each  of  said  departments  to  the  executive  committee  of 
said  board  of  regents,  which  estimate  so  submitted  shall  be  carefully  ex- 
amined and,  if  necessary,  revised  by  said  executive  committee.  Upon  the 
approval  of  such  estimate  by  such  executive  committee  the  same  shall  be 
prepared  in  triplicate,  and  one  of  said  estimates  shall  be  retained  by  the  said 
board  of  regents,  and  one  thereof  shall  be  delivered  to  and  filed  with  the 
state  auditor  of  this  state.  Such  estimates  bearing  such  approval  shall  gov- 
ern and  control  said  purchasing  agent  in  the  purchasing  of  supplies  for  the 
several  departments  of  the  state  university.  No  disbursements  for  such  pur- 
poses shall  be  made  except  on  the  warrant  or  requisition  of  said  purchasing 
agent,  the  said  purchasing  agent  shall  give  bond  in  such  sum  as  said  board  of 
regents  shall  require  for  the  faithful  and  diligent  performance  of  his  duties. 
(3061) 

434.  Same;  to  submit  statements — Each  purchasing  agent  shall  at  the 
close  of  each  month  prepare  in  triplicate  statements  showing  all  purchases 
made  by  him  during  said  month  for  the  several  institutions,  th^  names  and 
addresses  of  persons  from  whom  said  purchases  were  made  and  the  several 
prices  paid  therefor.  He  shall  accompany  the  same  with  an  affidavit  that 
the  statement  is  correct,  that  the  articles  therein  specified  were  duly  au- 
thorized by  the-proper  board  upon  prepared  statements  and  estimates,  were 
received  under  his  direction  at  the  institution  named  herein,  that  the  sev- 
eral prices  paid  therefor  were  reasonable,  that  said  goods  were  of  proper 
and  stipulated  quality  and  grade,  and  that  neither  he  nor  any  person  in  his 
behalf  has  any  pecuniary  or  other  interest  in  said  purchases,  or  has  re- 
ceived or  will  receive  in  any  way  any  pecuniary  or  other  benefit  therefrom. 

He  shall  also  each  month  prepare  in  triplicate  and  cause  to  be  re- 
ceipted by  the   signatures   of  the  several   parties   named   therein,   payrolls 

112 


showing  the  monthly  salaries  and  compensation  of  all  officers,  teachers,  and 
employes  in  said  several  institutions,  and  shall  file  one  copy  of  said  state- 
ment and  said  payroll  with  the  president  of  the  board  of  regents  or  president 
of  the  normal  school  board,  as  the  case  may  be,  and  two  copies  with  the 
state  auditor.  The  auditor  upon  receiving  the  same  shall  draw  his  warrant 
upon  the  state  treasurer  for  the  amount  called  for  in  each  expense  list  and 
payroll,  and  transmit  the  same  to  the  treasurer,  attaching  thereto  a  copy 
of  said  expense  list  and  payroll.  Upon  receipt  of  the  same  the  treasurer 
shall  send  his  checks  to  the  several  persons  named  therein  for  the  amount 
of  their  respective  claims.     (3063) 

435.  Limitation  of  expenses  of  board  of  regents — No  member  of  the 
board  of  regents  or  of  the  normal  school  board,  and  no  person  in  the  em- 
ploy of  either  board  shall  be  paid  for  any  expense  incurred,  unless  it  shall 
appear  that  said  expense  was  duly  authorized  by  the  executive  committee 
nor  the  president  of  the  board,  and  an  itemized,  verified  account  of  the  same, 
accompanied  by  sub-vouchers,  where  said  sub-voucher  are  practicable,  is 
furnished  by  the  claimant,  and  filed  with  the  state  auditor  for  his  written 
audit.  Such  verification  shall  state  that  said  expense  bill  is  just  and  cor- 
rect and  for  money  actually  and  necessarily  paid  or  to  be  paid  for  the  pur- 
poses therein  stated.  If  said  expense  is  to  be  incurred  in  visiting  another 
state,  then,  before  said  visit  is  authorized  or  undertaken,  the  said  executive 
committee  or  president  must  certify,  in  writing,  the  purpose  of  said  visit, 
the  necessity  existing  for  the  same,  and  the  maximum  expense  to  be  in- 
curred therefor,  which  certificate  must  be  presented  to  the  governor  of  the 
state  for  his  approval.  If  he  does  not  approve  the  same,  the  said  visit  shall 
not  be  undertaken.  If  the  above  provisions  are  complied  with,  the  auditor 
shall  pay  such  expense  account  in  the  same  manner  as  monthly  expenses 
and  salaries  are  paid  under  the  provisions  of  this  act.     (3064) 

436.  Board  of  regents  not  to  exceed  appropriations — It  shall  be  unlawful 
for  the  board  of  regents  of  the  normal  school  board  to  permit  any  expend- 
itures for  any  purposes  in  excess  of  the  amount  appropriated  or  contemplated 
by  law,  and  any  member  or  agent  of  either  of  said  boards  violating  this  pro- 
vision, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  one  hundred  dollars  ($100)  or  more  than  one  thousand 
dollars  ($1,000),  or  be  imprisoned  in  the  county  jail  for  not  less  than  six 
(6)  months,  or  by  both  fine  and  imprisonment.     (3065) 

437.  Financial  authority  of  board  of  control— The  board  of  control  shall 
have  and  exercise  full  authority  in  all  financial  matters  of  the  several  in- 
stitutions named  in  this  act,  so  far  only  as  relates  to  the  erection  and 
construction  of  new  buildings,  the  purchasing  of  fuel,  and  the  placing  of 
insurance  on  buildings  and  contents.  When  new  buildings  are  to  be  erected 
and  constructed  by  authority  of  the  state,  it  shall  be  the  duty  of  the  board 
of  control  to  cause  to  be  prepared  plans  and  specifications  for  the  same, 
but  in  so  doing  it  shall  consult  with  the  local  board  in  respect  to  said  plans 
and  specifications,  and  shall  adopt  and  carry  out  so  far  as  it  deems  practical, 
their  request  and  desires  in  the  matter.  Provided  that  said  state  board  of 
control  may  in  its  discretion  authorize  the  controlling  toaxd  of  any  in- 
stitution, for  which  any  building  is  authorized  to  be  constructed,  to  con- 
struct such  building  in  case  the  cost  thereof  does  not  exceed  the  sum  of 
five  thousand  ($5,000.00)  dollars.  If  such  authorization  be  granted  said 
state  board  of  control  shall  file  its  written  consent  thereto  with  the  state 
auditor,  and  thereupon  such  building  may  be  constructed  under  the  direction 
of  such  controlling  board. 

The  board  shall  not  let  any  contract  for  the  erection  and  construc- 
tion of  new  buildings  that  may  hereafter  be  constructed  without  first  pub- 
licly advertising  for  at  least  two  weeks  in  some  legal  newspaper  published 
in  the  county,  where  the  work  is  to  be  performed,  for  separate  sealed  bldfl 
for  general  construction,  plumbing,  heating,  ventilating  work  required  in 
the  construction  of  such  building?,  and  for  separate  sealed  bld3  covering 

113 


the  entire  work  required  in  such  construction  in  which  advertisement,  the 
time  and  place  shall  be  fixed  for  the  opening  of  such  bids,  and  that  all  such 
bids  shall  be  opened  publicly,  and  a  record  of  Hie  same,  giving  the  name 
of  the  bidder,  the  classification  of  the  work  or  material  bid  upon,  and  the 
amount  of  the  bid,  shall  be  made  and  filed  with  the  secretary  of  said  board 
as  a  public  record,  and  that  no  such  contract  shall  be  made  and  entered 
into  except  with  competent  and  responsible  contractors  and  builders  who  can 
furnish  a  good  and  sufficient  bond  as  required  by  law.     (3066) 

Such  person  shall  hold  office  at  the  pleasure  of  the  board  of  regents. 

438.  Controller  for  university;  bond  required— The  board  of  regents  of 
the  state  university  is  hereby  authorized  to  appoint  some  suitable  person 
to  the  office  of  "comptroller"  for  the  university,  which  office  is  hereby 
created.  Before  entering  upon  the  performance  of  his  duties  he  shall  give 
bond  to  the  state  in  the  sum  of  twenty  thousand  ($20,000)  dollars,  condi- 
tioned for  the  faithful  performance  of  his  official  duties.  If  a  surety  bond  is 
given  the  cost  thereof  may  be  paid  by  the  university  from  its  appropriation 
for  maintenance.  The  comptroller  shall  receive  such  compensation  as  shall 
be  fixed  by  the  board  of  regents,  to  be  paid  from  the  appropriations  for 
maintenance  of  the  university.     (Section  1,  chapter  486,  Laws  1917.) 

439.  Same;  to  have  charge  of  business  affairs  of  university — The  comp- 
troller shall  have  charge,  under  the  general  direction  and  supervision  of 
the  board  of  regents,  of  all  the  business  affairs  of  the  university,  including 
accounting,  purchasing  of  material  and  supplies,  the  business  relations  of 
the  university  with  the  board  of  control,  the  administration  of  the  financial 
budget  of  the  university  and  the  care  of  the  buildings  and  grounds  of 
the  university.     (Section  2,  chapter  486,  Laws  1917.) 

410.  Same;  to  employ  a  chief  accountant  and  other  assistants — The 
comptroller,  subject  to  the  approval  of  the  board  of  regents,  may  employ  a 
chief  accountant,  purchasing  agent  and  superintendent  of  buildings  and 
grounds  and  such  other  employes  as  may  be  necessary  to  the  proper 
administration  of  the  duties  hereinbefore  devolving  upon  him.  Such  em- 
ployes shall  receive  such  compensation,  to  be  paid  from  the  appropriations 
for  the  maintenance  of  the  university,  as  shall  be  fixed  by  the  board  ot 
regents.     (Section  3,  chapter  486,  Laws  1917.) 

441.  Same;  to  formulate  budget  for  ensuing  fiscal  year — It  shall 
be  the  duty  of  the  comptroller  on  or  before  the  first  day  of  August  in 
each  year  to  formulate  under  the  direction  of  the  board  of  regents,  a 
"budget"  for  the  ensuing  fiscal  year.  Such  budget  shall  contain  a  detail 
estimate  of  the  funds  which  will  be  available  for  expenditure  by  the  uni- 
versity for  the  next  ensuing  year  and  apportionment  of  such  funds  for 
expenditure  to  the  various  colleges,  departments  and  divisions  of  the  uni- 
versity. A  copy  of  such  budget,  approved  by  the  board  of  regents,  shall 
be  filed  with  the  comptroller  and  a  copy  thereof  to  the  state  auditor. 
The  comptroller  shall  not  make  or  authorize  any  disbursement  except  as 
provided  for  in  said  budget,  without  the  written  consent  and  direction  of 
the  board  of  regents.     (Section  4,  chapter  186,  Laws  1917.) 

442.  Payment  of  salaries,  etc. — The  payment  of  salaries  and  supplies 
shall  be  in  conformity  with  the  budget  as  approved  by  the  board  of  regents 
and  the  method  of  procedure  shall  be  in  conformity  with  the  system  ap- 
proved by  the  state  auditor,  state  treasurer,  attorney  general  and  public 
examiner.  The  dean  or  other  acting  head  of  the  college  or  department  shall 
certify  the  list  of  departmental  instructors  and  employes  as  provided 
for  in  the  budget.  It  shall  not  be  necessary  that  such  list  be  signed  or 
receipted  by  the  persons  named  therein  and  to  whom  payments  are  to  be 
made.     (Section  5,  chapter  486,  Laws  1917.) 

443.  Duties  of  purchasing  agent — The  purchasing  agent  hereinbefore 
provided  for,  shall  have  charge,  under  the  general  direction  and  supervision 

114 


of  the  comptroller,  of  the  purchase  of  all  materials  and  supplies  for  the 
university  and  the  several  colleges  and  departments  thereof,  the  purchase 
of  which  is  not  by  law  entrusted  to  any  other  board  or  officer.  (Section 
6,  chapter  486,  Laws  1917.) 

444.  Not  to  modify  chapter  174,  Laws  1917 — Nothing  in  this  act  shall  in 
any  way  repeal,  modify  or  affect  chapter  174,  General  Laws  of  Minnesota 
for  1917,  being  a  bill  for  an  act  to  provide  for  the  purchasing  by  the 
state  board  of  control  of  stationery,  furniture,  supplies  and  equipment  for  all 
the  governmental  departments  of  the  state,  not  now  under  the  financial  and 
exclusive  management  of  said  board,  and  repealing  all  acts  and  parts  of 
acts  inconsistent  herewith,  approved  April  10,  1917.  (Section  8,  chapter 
486,  Laws  1917.) 

445.  University,  colleges  and  departments — The  University  shall  com- 
prise: (1)  A  college  of  science,  literature  and  arts;  (2)  a  college  of  agri- 
culture, including  military  tactics;  (3)  a  college  of  mechanic  arts;  (4)  a 
college  or  department  of  law;  (5)  a  college  or  department  of  medicine;  (6) 
a  college  or  department  of  dentistry.     (3020) 

446.  Sectarian  instruction  prohibited — In  the  selection  of  professors, 
instructors,  officers  and  assistants  of  the  university,  in  the  studies  and 
exercises,  and  in  the  management  and  government  thereof,  no  partiality  or 
preference  shall  be  shown  on  account  of  political  or  religious  belief  or 
opinion,  nor  shall  anything  sectarian  be  taught  therein.     (3021) 

447.  Department  of  pedagogy — That  it  shall  be  the  duty  of  the  board 
of  regents  to  organize  and  establish  in  the  University  of  Minnesota  as  soon 
as  practicable  a  teachers'  college,  or  department  of  pedagogy,  for  the  pur- 
pose of  affording  proper  professional  training  for  those  persons  who  intend 
to  become  public  and  high  school  instructors,  principals  and  superintend- 
ents of  schools.     (3051) 

448.  School  of  mines — The  following  sums  are  hereby  appropriated 
annually,  out  of  the  state  treasury:  For  the  support  of  the  school  of  mines 
of  the  state  university,  five  thousand  dollars.  For  the  salaries  of  instructors 
in  said  school  of  mines  and  for  the  salary  of  a  professor  of  electrical  engi- 
neering in  said  university,  forty-five  hundred  dollars.     (3025) 

449.  Agricultural  extension  and  home  education — The  board  of  regents 
of  the  University  of  Minnesota  is  hereby  authorizea  and  directed  to  estab- 
lish a  division  of  agricultural  extension  and  home  education  in  the  depart- 
ment of  agriculture  of  the  University  of  Minnesota.     (3027) 

450.  Same;  purposes  of  work— The  purpose  and  work  of  said  division 
shall  be  to  devise  and  prescribe  comprehensive  elementary  courses  in  the 
various  phases  of  husbandry;  to  teach  such  courses  to  all  persons  in  the 
state  desiring  instruction  in  them,  or  any  of  them,  in  accordance  with  sec- 
tions 4  and  5  of  this  act,  by  means  of  correspondence  with  them  at  their 
homes;  by  providing  local  lectures,  demonstrations,  instructions  and  any 
information  calculated  to  elevate  agriculture  to  a  higher  economic  and  social 
plane  and  make  country  life  more  attractive  and  to  publish  frequent  home 
education  bulletins  which  shall  give  in  plain  and  practical  form  the  results 
of  the  experiments  and  investigations  of  the  various  divisions  of  the  state 
experiment  station  and  sub-stations  of  the  University  of  Minnesota  and 
such  other  information  as  may  be  useful  in  an>  farm  home.     (3028) 

451.  Same;  officers  of  division— That  the  officers  of  said  division  shall 
be  a  chief,  who  shall  have  general  oversight  and  Immediate  charge  of  the 
work  of  said  division  associates  consisting  of  the  chiefs  of  the  divisions  of 
investigation  and  instruction  in  the  department  of  agriculture  of  the  Univer- 
sity of  Minnesota,  who  shall  serve  in  an  advisory  capacity:  an  editor  who 
shall   edit  and  prepare  lor   publication  such   material  as  the   chief  of  the 

115 


division  may  direct,  and  such  other  faculty,  assistants  and  clerks  as  may 
be  needed  for  the  greatest  usefulness  of  said  division.     (3029) 

452.  Same;  free  instruction — That  all  persons  who  reside  in  the  state 
of  Minnesota  shall  have  the  right  to  take  free  of  charge  any  courses  of  in- 
struction offered  in  the  division  of  agricultural  extension  and  home  educa- 
tion as  provided  for  in  section  2  of  this  act,  and  shall  be  subject  to  such 
rules  and  regulations  as  said  division  of  agriculture  extension  and  home 
education  shall  establish  under  the  authority  and  direction  of  the  board  of 
regents  of  the  University  of  Minnesota.     (3030) 

453.  Soldiers,  sailors  and  others  entitled  to  $200  free  tuition  in  uni- 
versity and  normal  schools  and  certain  colleges — Any  male  person  who, 
being  at  the  time  a  citizen  and  resident  of  the  state  of  Minnesota,  served 
as  an  officer  or  enlisted  man  in  the  army,  navy  or  marine  corps  of  the 
United  States  during  any  war  in  which  the  United  States  has  been  involved 
including  the  members  of  the  national  guard  or  who,  upon  the  call  of  the 
president,  performed  military  service  outside  o  fthe  borders  of  this  state 
in  any  troubles  with  Mexico,  and  any  man  or  woman  who,  being  at  the 
time  a  citizen  and  resident  of  the  State  of  Minnesota,  performed  active 
overseas  war  service  as  a  regularly  enlisted  full-time  worker  of  the  Red 
Cross,  engaged  in  nursing  the  sick  or  assisting  in  the  care  of  soldiers  in 
any  government  hospital,  field  or  camp,  which  service  has  been  officially 
recognized  by  the  national  government,  shall,  upon  complying  with  all 
other  requirements  for  admission,  be  entitled  to  pursue  any  course  or 
courses  in  the  University  of  Minnesota  or  any  state  normal  school,  upon 
tuition  provided  by  the  state  to  an  amount  not  to  exceed  $200  for  each 
person,  provided,  that  any  such  student  may,  at  his  option,  enter  any  col- 
lege or  school  in  this  state  which  maintained  a  student's  army  training  corps 
unit  in  co-operation  with  the  United  States  government,  or  any  other  col- 
lege or  school  approved  by  the  state  department  of  education,  and  his 
tuition  therein  to  an  extent  not  exceeding  $200  for  each  person,  shall  be 
paid  by  the  state  in  accordance  with  the  piovisions  of  this  act.      (Section 

1,  chapter  338,  Laws  1919.) 

454.  Same;  honorable  discharge  sufficient  to  prove  beneficiary — The 
question  of  whether  or  not  an  applicant  has  been  so  in  the  service  of  the 
government  as  to  entitle  him  or  her  to  the  benefits  of  this  act  and  the 
tuition  herein  provided  shall  be  determined  by  an  officer  designated  by  the 
respective  institutions  upon  the  production  "of  an  honorable  or  ordinary  dis- 
charge from  the  military,  naval  or  marine  service  of  the  United  States  or 
from  the  Red  Cross,  or  such  other  evidence  as  may  be  required.     (Section 

2,  chapter  338,  Laws  1919.) 

455.  Adjutant  general  to  be  furnished  with  certain  lists — Duty  of 
administrative  officers — To  extend  to  July  1,  1924 — It  is  hereby  made  the 
duty  of  the  administrative  officers  of  the  University  of  Minnesota  and  the 
state  normal  schools  to  furnish  to  the  adjutant  general  ot  the  State  of 
Minnesota  lists  in  triplicate  of  student  applicants  which  lists  shall  show 
the  name  of  the  applicant,  the  unit  in  which  the  service  specified  in  sec- 
tion 1  hereof  was  performed,  the  course  selected  and  the  regular  tuition 
charge  for  such  course.  The  adjutant  general  shall  check  the  list  with 
records  now  on  file  in  his  office  or  to  be  procured  from  reliable  sources 
and  if  found  correct  shall  return  two  copies  to  the  respective  state  insti- 
tutions as  authority  to  perform  the  service  under  this  act.  At  the  end 
of  each  semester  or  term  the  administrative  officers  of  the  state  institutions 
coming  under  this  act  shall  return  one  list  duly  certified  showing  the  period 
each  student  has  attended  and  the  proportion  and  amount  of  the  tuition 
earned.  The  adjutant  general  shall  check  the  lists  and  if  found  correct 
shall  certify  the  same  to  the  state  auditor  and  the  state  auditor  upon 
receipt  thereof  shall  draw  his  warrants  upon  the  state  treasurer  from  the 
appropriation  provided  therefor  in  favor  of  the  state  institutions  entitled 
to  the  tuition. 

116 


And  it  is  hereby  made  the  duty  of  the  administrative  officers  of  such 
colleges  or  institutions  other  than  state  institutions,  as  accept  the  privileges 
for  students  under  this  act,  to  furnish  to  the  adjutant  general  of  the  State 
of  Minnesota,  lists  in  triplicate  of  student  applicants,  which  lists  shall 
show  the  name  of  the  applicant,  the  unit  in  which  the  service  specified  in 
section  1  hereof  was  performed,  the  course  selected  and  the  regular  tuition 
charge  for  the  course.  The  adjutant  general  shall  check  the  list  with 
records  now  on  file  in  his  office  or  to  be  procured  from  reliable  sources 
and  if  found  correct  shall  return  two  copies  to  the  respective  institutions 
other  than  state  institutions,  as  authority  to  perform  the  service  under 
this  act.  At  the  end  of  each  semester  or  term  the  administrative  officers 
of  the  institutions  other  than  state  institutions  coming  under  this  act  shall 
return  one  list  duly  certified  showing  the  period  each  student  has  attended 
and  the  proportion  and  amount  of  the  tuition  earned.  The  adjutant  general 
shall  check  the  lists  and  if  found  correct  shall  certify  the  same  to  the 
state  auditor  and  the  state  auditor  upon  receipt  thereof  shall  draw  his 
warrants  upon  the  state  treasurer  from  the  appropriation  provided  therefor 
in  favor  of  the  students  entitled  to  the  tuition  and  the  state  treasurer 
shall  forward  the  voucher  warrants  to  said  respective  institutions  other 
than  state  institutions. 

It  is  further  provided  that  any  student  coming  under  the  provisions  of 
this  act,  who  has  paid  tuition,  since  his  induction  into  the  military,  naval 
or  marine  service  of  the  United  States  or  in  the  Red  Cross,  to  any  institution 
as  provided  for  in  section  1  hereof,  shall  be  entitled  to  a  refundment  of 
the  tuition  so  paid  in  amount  not  to  exceed  $200,  upon  presentation  to  the 
proper  administrative  officers  of  the  above  named  institutions  of  the 
same  proof  of  service  as  required  in  section  2,  and  shall  be  included  in 
the  certified  lists  to  the  adjutant  general  of  the  State  of  Minnesota  as 
provided  for  in  section  3,  and  payment  shall  be  made  direct  to  the  students 
entitled  to  the  refundment,  provided  that  no  refund  shall  be  made  where 
tuition  has  heretofore  been  paid  by  the  government  of  the  United  States 
for  a  student  coming  under  the  provisions  of  this  act,  and  provided  further, 
that  the  total  amount  of  refundment  and  tuition  paid  shall  not,  in  the 
aggregate,  exceed  the  sum  of  $200  for  each  person. 

Provided  that  the  benefits  from  the  provisions  of  this  act  shall  not 
extend  beyond  July  1,  1924.     (Section  3,  chapter  338,  Laws  1919.) 

456.  Same;  bulletins  to  be  issued — The  home  education  bulletins  au- 
thorized by  this  act  shall  be  s<mt  free  to  all  persons  resident  within  the 
state  who  shall  request  said  bulletins  to  be  sent  to  them.     (3031) 

457.  Co-ordination  of  work — In  maintenance  of  extension  work — The 
purpose  of  this  act  is  to  co-ordinate  the  work  of  the  federal  government, 
the  state,  the  several  counties  of  the  state  and  the  division  of  agricultural 
extension  of  the  University  of  Minnesota  in  the  maintenance  of  corntv 
co-operative  extension  work  in  agriculture  and  home  economics.  (Section 
1,  chapter  427,  Laws  1919.) 

458.  Same;  county  board  authorized  to  incur  expenses — The  county 
commissioners  of  the  several  counties  of  this  state  are  hereby  authorized 
and  empowered  to  incur  expenses  and  to  expend  rr>onrjy  for  c  untv  co- 
operative extension  work  in  agriculture  and  home  economics  as  hereinafter 
provided.     (Section  2,  chapter  427,  Laws  1919.) 

459.  Same;  county  farm  bureau  association — The  formation  of  one  cor- 
poration in  each  county  in  this  state,  to  be  known  as  the  county  farm  bureau 
association,  for  the  purpose  of  co-operating  with  the  department  of  agri- 
culture of  the  University  of  Minnesota  in  the  development  of  a  program 
of  work  in  agriculture  and  home  economics,  is  hereby  authorized.  The 
incorporation  of  said  association  shall  be  accomplished  by  the  filing  of  a 
certificate  of  incorporation  in  the  usual  form  for  record  with  the  register 
of  deeds  of  the  proper  county.     (Section  3,  chapter  427,  Laws  1919.) 

117 


460.  Same;  money  to  be  expended  under  direction  of  dean  of  agricul- 
ture— All  moneys  hereafter  appropriated  by  the  state  for  the  purpose  of 
aiding  in  the  maintenance  and  expenses  of  county  co-operative  extension 
work  in  agriculture  and  home  economics  shall  be  disbursed  in  sums  not 
exceeding  $1,000  annually  to  any  one  county.  The  moneys  so  appropriated 
are  to  be  expended  under  the  direction  of  the  dean  of  the  department  of 
agriculture  of  the  University  of  Minnesota  who  is  hereby  empowered  to 
carry  out  the  provisions  of  this  act.  To  secure  this  state  aid  the  county  shall 
have  first  complied  with  the  following  requirements: 

(a)  Raised  locally  each  year  at  least  $1,000  for  the  support  of  county 
co-operative  extension  work  in  agriculture  and  home  economics. 

(b)  Organized  a  county  farm  bureau  association  having  at  least  one 
hundred  members  in  good  standing  and  having  among  its  objects  the  pro- 
motion of  the  purposes  of  this  act  and  having  on  deposit  in  a  local  bank  at 
least  $200  available  for  use  by  such  association  in  maintaining  its  organiza- 
tion, satisfactory  proof  of  which  shall  be  furnished  annually  to  the  dean 
of  the  department  of  agriculture  of  the  University  of  Minnesota. 

(c)  Agreed  to  the  employment  of  such  agent  or  agents  as  are  neces- 
sary to  conduct  the  county  co-operative  extension  work  in  agriculture  and 
home  economics  and  as  will  meet  the  requirements  of  the  United  States 
Department  of  Agriculture,  the  employment  of  such  agents  to  be  approved 
by  the  dean  of  the  department  of  agriculture  of  the  University  of  Minnesota. 
No  county  agent  shall  be  employed  by  any  county  unless  recommended  by 
the  duly  constituted  officers,  or  their  accredited  representatives,  of  the 
county  farm  bureau  association  of  such  county.  (Section  4,  chapter  427, 
Laws  1919.) 

461.  Same;  appropriation  of  money — -After  the  requirements  above 
specified  relative  to  the  organization  of  a  county  farm  bureau  associa- 
tion, shall  have  been  met  in  any  county,  said  county  may  by  action  of 
its  board  of  county  commissioners  appropriate  annually  at  least  $1,000, 
and  may  appropriate  annually  not  to  exceed  $3,000,  for  the  maintenance, 
support  and  expenses  of  county  co-operative  extension  work  in  agriculture 
and  home  economics,  and  the  several  counties  in  this  state  are  hereby  au- 
thorized to  set  apart  and  appropriate  said  sum  of  moneys  subject  to  the 
order  of  the  dean  of  the  department  of  agriculture  of  the  University  of 
Minnesota  and  to  be  paid  out  only  on  his  order  for  salaries  of  said  agents 
and  the  employes  of  said  agents  within  the  appropriation  available  and 
for  other  expenses  incident  to  the  work  of  such  agents.  No  order  for  the 
application  of  said  funds  for  the  purposes  named  shall  be  issued  by  the 
said  dean  until  said  expenditures  shall  have  received  the  approval  of  the 
duly  constituted  officers,  or  their  accredited  representatives,  of  the  county 
farm  bureau  association  of  the  proper  county.  (Section  5,  chapter  427,  Laws 
1919.) 

462.  School  of  agriculture  at  Waseca — There  shall  be  established  at  or 
near  the  city  of  Waseca,  in  the  county  of  Waseca,  under  the  direction  and 
educational  supervision  of  the  board  of  regents  of  the  University  of  Minne- 
sota, a  school  of  'agriculture,  which  shall  be  a  department  of  the  Uni- 
versity of  Minnesota,  under  such  name  and  designation  as  the  board  of 
regents  may  determine,  and  wherein  shall  be  taught  such  studies  and 
branches  of  learning  as  are  related  to  agriculture  and  domestic  economy. 
(Chapter  453,  Laws  1919.) 

463.  President  of  university;  powers  and  duties — The  president  of  the 
university  shall  be  president  of  the  general  faculty  and  of  the  faculties  of 
the  several  colleges  or  departments  and  the  executive  head  of  the  univer- 
sity in  all  its  departments.  Subject  to  the  board  of  regents,  he  shall  give 
general  direction  to  the  practical  affairs  and  scientific  investigations  of 
the  university,  and,  in  the  recess  of  the  board,  may  remove  any  employe  or 
subordinate  officer,  not  a  member  of  the  faculty,  and  supply  for  the  time 

118 


any  vacancy  among  such  employes  and  officers.  He  shall  be  ex-officio  cor- 
responding secretary  of  the  board  of  regents  and  may  be  charged  with  the 
duties  of  one  of  the  professorships.     (3022) 

464.  Same;  reports  of — On  or  before  the  second  Tuesday  in  December 
of  each  year,  he  shall  make  a  report  to  the  state  superintendent,  showing 
in  detail  the  progress  and  condition  of  the  university  during  the  previous 
university  year,  the  number  of  professors  and  students  in  each  department, 
and  such  other  matters  relating  to  the  educational  work  of  the  institution 
as  he  shall  deem  useful,  or  as  the  state  superintendent  may  require.  He 
shall  also  at  the  same  time  report  to  the  board  of  regents  the  progress  and 
condition  of  the  university  during  the  same  time,  the  nature  and  results  of 
all  important  experiments  and  investigations,  and  such  other  matters,  in- 
cluding industrial  and  economic  facts  and  statistics,  as  he  may  deem  use- 
ful, or  as  such  board  may  require.     (3023) 

465.  Maintenance  of  university — There  is  hereby  annually  appropriated 
for  the  general  maintenance  of  the  university: 

1.  The  interest  and  income  of  the  permanent  university  fund,  arising 
from  the  sale  of  lands  granted  to  the  state  by  act  cf  congress  entitled  "An 
act  donating  lands  to  the  several  states  and  territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,"  approved 
July  2,  1862,  or  from  any  other  source. 

2.  The  proceeds  of  twenty-three  one-hundredths  mills  on  the  dollar  of 
the  state  school  tax. 

The  lands  granted  by  the  general  government  to  the  state  to  aid  in  the 
development  of  brines,  and  known  as  the  state  salt  lands,  and  those  granted 
by  an  act  of  congress  entitled  "An  act  granting  lands  to  the  State  of  Minn 
sota  in  lieu  of  certain  lands  heretofore  granted  to  said  state,"  approved 
March  3,  1879,  and  the  funds  arising  from  their  sale,  are  hereby  appropriated 
for  the  completion  of  the  geological  and  natural  history  survey.     (3024) 

466.  Investment  of  university  funds — Bonds  to  bear  not  less  than  three 
per  cent — The  permanent  school  and  university  funds  shall  be  invested  in 
the  bonds  of  the  United  States,  or  in  bonds  of  this  or  any  other  state;  or  in 
bonds  of  any  school  district  or  county  drainage  bonds  of  this  state,  bearing 
not  less  than  three  per  cent  interest,  and  in  bonds  of  any  county  (other 
than  drainage  bonds'*  and  in  the  bonds  of  any  city,  town  or  village  of  this 
state,  bearing  not  less  than  four  (4)  per  cent  interest,  as  provided  by  law; 
but  no  investment  shall  be  made  in  bonds  issued  to  aid  in  the  construction 
of  any  railroad.  The  governor,  treasurer  and  auditor  are  hereby  constituted 
a  board  of  investment,  whose  duty  it  shall  be  to  invest  all  funds  derived 
from  the  sale  of  public  lands  except  as  otherwise  provided  by  law.  The 
auditor  shall  be  secretary  of  said  board,  keep  a  record  of  its  proceedings 
and  publish  the  same  with  his  annual  report.  The  treasurer  shall  place 
on  credit  of  the  respective  funds  the  interest  received  on  said  bonds.  They 
shall  not  be  transferable  except  upon  the  order  of  the  governor  and  auditor, 
and  on  each  shall  be  written  "Minnesota  School  Fund  Bond,"  or  "Bond  on 
the  University  of  Minnesota,"  as  the  case  may  require,  transferable  only 
upon  the  order  of  the  governor  and  state  auditor.  The  auditor  shall  keep 
a  record  showing  the  name,  and  amount  of  each  bond,  when  issued,  when 
redeemable,  the  rate  of  interest,  when  and  where  payal  whom 
cuted,  when  purchased,  when  withdrawn,  and  ior  what  purpose.     (5245) 

CHAPTER  XIV. 

STATE  TEACHERS  COLLEGES 

467      State  teachers   colleges     The   six   educational   institutions   in   this 
state  heretofore  designated  as  state  normal  schools,  shall  hereafter  be  des- 

119 


ignated  as  state  teachers  colleges  as  follows:  the  "Winona  State  Teachers 
College,"  the  "Mankato  State  Teachers  College,"  the  "St.  Cloud  State  Teach- 
ers College,"  the  "Duluth  State  Teachers  College,"  the  "Moorhead  State 
Teachers  College,"  the  "Bemidji  State  Teachers  College,"  respectively. 
(Section  1,  chapter  260,  Laws  1921.) 

468.  State  teachers  college  board — The  board  heretofore  in  charge  of 
the  state  normal  schools  and  referred  to  in  the  statutes  as  the  normal 
school  board,  and  sometimes  as  the  state  normal  school  board,  shall  here- 
after be  designated  as  the  state  teachers  college  board,  with  the  same 
powers  and  duties  as  heretofore,  with  the  additions  except  as  hereinafter 
provided.     (Section  2,  chapter  260,  Laws  1921.) 

469.  Degrees — The  state  teachers  college  board  shall  have  authority  to 
award  appropriate  degrees  to  persons  who  complete  the  prescribed  four-year 
curriculum  of  studies  in  the  state  teachers  college.  (Section  3,  chapter  260, 
Laws  1921.) 

470.  Normal  school  board — The  educational  management  of  the  normal 
school  is  vested  in  a  board  of  eight  directors,  who,  with  the  state  superin- 
tendent, shall  constitute  the  normal  school  board.  Such  directors  shall  be 
appointed  by  the  governor,  subject  to  confirmation  by  the  senate,  for  a  term 
of  four  years.  The  governor  shall  in  like  manner  fill  for  the  unexpired  term 
all  vacancies  in  the  board.  There  shall  one  director  resident  in  each 
county  in  which  a  normal  school  is  located,  and  no  two  shall  be  residents 
of  the  same  county.     (2970) 

The  state  normal  school  hoard  may  establish,  by  rule  or  regulation,  the  ages 
between  which  children  may  be  received  into  the  model  department.  (Douglas 
August   17,   1900.) 

471.  Same;  powers  and  duties — The  board  shall  have  the  educational 
management,  supervision  and  control  of  the  normal  schools,  and  of  all  prop- 
erty appertaining  thereto.  It  shall  appoint  all  presidents,  teachers 
and  other  necessary  employes  therein,  and  fix  their  salaries.  It  shall 
prescribe  courses  of  study,  conditions  of  admission,  prepare  and  confer 
diplomas,  report  graduates  of  the  normal  department,  and  adopt  suitable 
rules  and  regulations  for  the  schools.  It  shall,  as  a  whole  or  by  committee, 
visit  and  thoroughly  inspect  the  grounds,  buildings,  modes  of  instruction, 
discipline  and  management  of  each  school,  at  least  once  in  each  year-  It 
shall  report  to  the  governor  on  or  before  December  1st  in  every  even 
numbered  year,  the  condition,  wants  and  prospects  of  each  school,  with 
recommendations  for  its  improvement.     (2972) 

472.  Same;  annual  meeting — The  annual  meeting  of  the  board  shall 
be  held  on  the  first  Tuesday  in  June.  At  such  meeting  it  shall  choose  by 
ballot  a  president,  whose  term  of  office  shall  be  for  two  years,  and  until  his 
successor  qualifies.  In  case  of  vacancy,  the  governor  shall  appoint  one  of 
the  directors  president  until  the  next  annual  meeting,  and  until  his  suc- 
cessor qualifies.  The  state  superintendent  shall  be  secretary  of  the  board. 
(2971) 

473.  Same;  compensation  of — The  directors  shall  be  reimbursed  for 
their  actual  expenses  while  engaged  in  duty  for  the  normal  schools  out  of 
the  current  funds  belonging  to  such  schools.     (2974) 

474.  Purchasing  agent  for;  powers  and  duties — Upon  the  assumption 
by  said  state  normal  school  board  of  the  jurisdiction,  management  and  con- 
trol of  the  normal  schools  of  this  state,  said  board  shall  elect  from  its  own 
members  a  purchasing  agent,  whose  duties  shall  be  as  hereinafter  stated, 
and  whose  compensation  shall  be  fixed  by  said  board  and  paid  out  of  funds 
provided  for  the  maintenance  of  said  normal  schools,  a  pro  rata  sum  being 
paid  each  school.  He  shall  superintend  the  making  of  all  purchases  for 
said  schools.     Prior  to  the  termination  of  each  quarterly  period  the  execu- 

120 


tive  head  of  each  school  shall  prepare  and  submit  to  him  a  detailed  state- 
ment of  the  needs  of  said  institution,  including  an  estimate  of  the  necessary 
supplies  and  expenditures  for  the  quarterly  period  next  succeeding.  Said 
statement  and  estimate  shall  be  submitted  by  him  to  said  normal  school 
board  for  revision  and  correction.  When  approved  by  said  board  it  shall 
be  prepared  in  triplicate  by  such  purchasing  agent,  and  one  copy  thexeof 
shall  be  retained  by  said  board  for  the  use  of  such  agent,  one  shall  be  de- 
livered to  the  executive  head  of  each  normal  school  and  one  shall  be  filed 
with  the  state  auditor.  Such  estimates  shall  govern  and  control  the  pur- 
chasing of  supplies  for  the  respective  schools,  and  the  money  necessary  to 
be  disbursed  therefor  shall  be  paid  out  upon  the  warrant  of  said  agent 
as  hereinafter  stated.  Said  agent  shall  at  the  commencement  of  each 
quarterly  period  set  apart  for  the  use  of  each  school  as  a  contingent  fund, 
a  sum  not  exceeding  one  hundred  dollars  ($100). 

In  addition  there  (to)  the  supervision  of  the  purchasing  of  all  necessary 
supplies  for  said  school,  it  shall  be  the  duty  of  such  purchasing  agent  to 
visit  each  of  said  schools  at  least  once  during  each  quarterly  period,  at 
which  time  the  estimates  for  the  succeeding  quarter  as  herein  provided,  and 
a  statement  of  the  needs  of  said  institution  shall  be  submitted  to  him  by 
the  executive  head  thereof. 

He  shall  from  time  to  time  make  reports  to  said  normal  school  board 
of  the  business  affairs  of  said  schools,  with  such  recommendations  as  he  may 
deem  proper.  All  salaries  for  resident  directors  heretofore  paid  or  provided 
for  are  hereby  discontinued.     (3062) 

475.  Summer  sessions — That  there  shall  be  held  at  each  of  the  state 
normal  schools  in  this  state  a  summer  session  of  twelve  (12)  weeks  each, 
under  the  direction  of  the  state  normal  board.  These  summer  sessions  shall 
be  a  part  of  and  in  all  respects  be  the  same  as  the  session  now  provided 
for  by  law.  The  provisions  for  attendance  at  these  summer  sessions  shall 
be  the  same  as  those  now  in  force  and  the  arrangements  of  the  terms  in 
the  school  year  shall  be  such  as  to  most  fully  serve  the  welfare  of  rural 
schools.  Provided,  that  said  normal  board  may,  in  its  discretion  and  when 
the  interests  of  the  state  may  be  best  subserved  thereby,  direct  that  a 
shorter  session  than  twelve  weeks  be  held  at  any  of  said  schools.     (2975) 

476.  Tuition — There  shall  be  no  charge  for  tuition  or  incidental  ex- 
penses to  students  in  normal  schools  who  file  with  the  president  of  the 
school  board  a  declaration  of  intention  to  teach  in  the  public  schools  of  the 
state  for  not  less  than  two  years  after  leaving  such  school.  The  board  shall 
fix  rates  of  tuition  for  other  students,  and  for  pupils  in  the  model  schools. 
(2969)  See  further,  section  422  of  this  compilation  as  to  tuition  for  soldiers, 
sailors,  etc. 

477.  Model  schools — The  normal  school  board  may  organize  model 
schools  in  connection  with  each  normal  school,  for  illustrating  methods  of 
teaching  and  school  government  only.     (2968) 

478.  President  of,  to  report  to  superintendent  of  education — The  presi- 
dent of  each  normal  school  shall  make  an  annual  written  report  to  the  state 
superintendent  on  or  before  September  1st,  covering  the  term  year  of  his 
school,  and  setting  forth  its  general  statistics,  enrollment  in  each  depart- 
ment and  in  each  class  of  the  normal  department,  average  attendance,  the 
number  graduating  within  the  year,  the  number  of  teachers,  the  departments 
of  each,  and  the  general  condition  of  its  buildings,  library,  and  apparatus, 
the  number  and  names  of  all  graduates  then  engaged  In  teaching,  as  far  as 
known  to  him,  and  the  district  or  county  in  which  each  is  teaching,  and  such 
other  matters  and  suggestions  as  he  may  deem  of  interest  to  the  public,  or 
conducive  to  the  good  of  the  schools.     (2973) 


121 


INDEX 


INDEX 

(References  in  this  index  are  to  sections.) 


A 
ACCEPTANCES 

Of  office  by  district  officers 74 

ACTIONS 

When  and  how  to  be  prosecuted  by  districts 147 

Against  districts,  on  contracts  and  for  injuries 148 

Against  districts,  how  begun  when  districts  without  board 149 

ADVERTISEMENTS 

For  bids  before  letting  of  contracts 87 

AGE 

Of  pupils  for  admission  to  public  schools 170 

Of  compulsory  attendance 280 

For  employment   289 

AGRICULTURE 

Division  of  at  university,  purposes  of  work  in 449-452 

State  aid  for  high,   graded,   and   consolidated  schools  affording 

training  in    219 

In  consolidated  schools 30 

AGRICULTURAL  SCHOOLS 

Sites  for,  how  acquired 83 

ANNEXATION    OF    TERRITORY    TO    SCHOOL    DISTRICT  11 

ANNUAL  SCHOOL  MEETINGS 

When  and  how  held  (See  "School  Meetings") 52-66 


ANNUITIES 

To  teachers  from  State  Teachers'  Retirement  Fund 409-423 

APPEALS 

From  order  forming  districts,  grounds  of 6 

From  orders  of  set-off  of  lands  to  districts 10 

Rehearing  in  on  change  of  boundaries  of  districts 16 

From  orders  for  consolidation  of  districts 26 

From  order  of  change  of  districts  containing  cities  or  villages. . .  10 

From  order  of  dissolution   of  districts II 

From  refusal  to  grant  teachers'  certificates :''s,'> 

By  teachers  from  suspension  of  certificates S99 

125 


APPLICATIONS 

By  teachers  for  annuities  from  teachers'  retirement  fund 412 

APPORTIONMENTS    (See  "School  Funds") 204-208 

Of  state  school  funds  by  superintendent  of  education 204 

Of  state  school  funds  to  counties,  warrants  by  state  auditor....  205 

Of  state  school  fund  to  districts  by  county  auditors 206 

Of  state  school  funds  to  new  districts 207 

Of  state  school  funds,  report  of  by  county  auditor  to  superintend- 
ent of  education 208 

Of  funds  upon  change  of  districts  in  unorganized  territory 123 

Of  funds  on  enlargement  of  districts  containing  cities  or  villages  13 

What  districts  to  share  in 204 


APPROPRIATIONS 

By  counties  for  teachers'  institutes 360 


ATTORNEY  GENERAL 

To  be  one  of  trustees  of  teachers'  retirement  fund 412 

Opinions  of  to  govern  school  officers,  when 107 

To  prosecute  combinations  in  school  text-books 255 

To  prosecute  on  bonds  for  failure  to  comply  with  text-book  law. .  250 

To  approve  bonds  on  furnishing  school  text-books 249 


B 

BASEMENTS 

Not  to  be  used  for  school  purposes. 
Basement    room   defined 


BEQUESTS 

School  board  may  accept  bequests 

Power  of  university  board  of  regents  to  accept. 


BIDS 

To  be  advertised  for  before  letting  of  contracts 87 

BLANKS 

School,  preparation  of  by  superintendent  of  education 322 

School,  forwarded  by  county  superintendents  to  clerks  and  teach- 
ers             333 

BLIND  CHILDREN 

Instruction  of  in  school  districts 183 

Indigent,   instruction  and   treatment   of 194 

BOARD  OF  TRUSTEES  OF  STATE  TEACHERS'   RETIREMENT   FUND 

Composition,  duties,  powers,  meetings,  expenses,  etc 412-415 

126 


BONDS 

Official,  of  treasurers 104 

Of  depository  for  school  district  funds Ill 

When  and  how  may  be  authorized  in  general ....  141 

Vote  on  at  annual  or  special  meetings 141 

Purposes  for  which  may  be  issued [  142 

May  be  issued  to  state '.'.'.'.'"  143 

Proceedings  for  issue  of  to  state 144 

May  be  assumed  by  consolidated  district,  when 36 

Liability  for  in  consolidated   districts 26 

Proceeds  from  sale  of  buildings  for  payment  of 36 

Under  school  textbook  law,  forfeiture,  damages 250 

Of  publishers  and  dealers  in  school  textbooks [  249 

BOOKS 

See  "Text  Books." 

Lists  of  for  school  libraries  by  State  High  School  Board 

BOUNDARIES 

Of  districts,  how  changed,  requisites  of  proceedings  for 7 

BOYS 

Under  eighteen,  not  to  be  employed  in  certain  occupations 


BUILDINGS 
Aid   for 


216 


BUREAU 

Of  employment  for  teachers  (See  Teachers'  Employment  Bureau)         403 


CENSUS 

Of  children  of  school  age  in  districts 286 

CERTIFICATES 

Of  consolidations  of  districts 29 

Of  employment  of  chi'drrn  to  describe  them 293 

For  employment  of  children,  when  granted  and  how 291 

Terms  of,   and  bow  issued  for  child   employment 292 

Of  teachers,  records  of  by  county  superintendents 332 

Teachers'  must  be  filed  with  county  superintendents 354 

Teachers,   grades   of 378 

Same,  Limited  second  grade  of 379 

Same,  second  grade  of 380 

Same,  first    grade    of 381 

Same,  special    "82 

Same,  from  other  states 383 

Same,  high  and  normal  schools,  certificates  in  place  of 384 

Same,  professional,   what   are 387 

Same,  professional,    examinations    for 388 

Same,  second  grade  professional 390 

Same,  first   grade   professional 391 

Same,  professional   permits    392 

Same,  college  diplomas  and  certificates  in  place  <>l 393 

127 


CERTIFICATES— Continued. 

Same,  university   diplomas,   when   valid 394 

Same,  advanced  normal  schools  diplomas 395 

Same,  normal  schools'  elementary  diplomas 396 

Same,  two  years'  normal  schools'  certificates 397 

Same,  renewal   of    385 

Same,  records  of,  by  county   superintendents 398 

Same,  appeal  from  refusal  to  grant 386 

Same,  suspensions    of    399 

Same,  causes  for  suspension  of,  and  revocation  of 400 

CHAIRMEN 

Of  boards  in  common  districts,  powers  and  duties  of 100 

Compensation  of  in  common  districts 100 

Compensation  of  in  unorganized  territory 115 

CHANGE  OF  BOUNDARIES 

Proceedings  for,  requisites  and  terms  of 

Division  of  funds,  how  made 

Of  districts,  title  to,  property,  where  vested 

CHILDREN 

Between  8  and  16  to  attend  schools,  when  excused 280 

Duties  of  school  boards  as  to  attendance  of  at  schools 281 

Duties  of  teachers  and  superintendents  as  to  attendance  of  at 

schools    282 

Duties  of  parents  and  guardians  to  send  to  school 283 

Duties  of  school  officers  as  to  sending  of  to  school 284 

Duties  of  commissioner  of  labor,  as  to  school  attendance 285 

School  census  of  to  be  taken 286 

Truant   schools    287 

Truant  officers,   duties 288 

Under  14  years  not  to  be  employed,  exceptions 289 

Between  14  and  16,  when  and  how  may  be  employed 290 

Employment  certificate  for,  when  and  how  issued 291 

Employment  certificates  for,  terms  of : 292 

To  be  described  in  employment  certificates  of 293 

To  be  reported  by  school  officers  on  issue  of  certificates 294 

Under  16,  hours  of  labor  of 295 

Employment  of,  in  violation  of  law,  penalty 296 

Illegal  employment  of,  prosecution  by  truant  officers 297 

Employment  of  under  16,  terms   of 298 

Boys,  under  18  not  to  be  employed  in  certain  occupations 299 

Fitness  of  for  labor,  physician's  certificates  to  be  procured 300 

Between  8  and  16  to  attend  schools,  when  and  how  excused 280 

Deaf,  instruction  of  in  public  schools 182 

Blind,  instruction  in  public  schools 183 

Defective  speech,  instruction  of  in  public  schools ' 184 

Mentally  subnormal,  instruction  of  in  public  schools 185 

Indigent  blind,  instruction  and  treatment  of 194 

Crippled    187 

CHILD  LABOR 

No  child  under  14  to  be  employed  during  school  term 288 

Children  between  14  and  16,  when  may  be  employed 289 

Employment  certificates,  when  issued,  terms  of 290 

Basis  of  granting  employment  certificates 291 

Employment  certificate  to  describe  children 292 

128 


CHILD    LABOR— Continued 

School  officers  to  report  list  of  names  to  whom  certificates  are 

granted  to  commissioner  of  labor 293 

Hours  of  labor  of  children  under  16 294 

Violations  of  law  relating  to,   penalties 295 

Truant  officers,  powers  and  duties  of 296 

Terms  of  employment  of  under  16  years 297 

Boys  under  18  not  to  be  employed  in  certain  occupations 298 

Physician's  certificate  of  fitness,  when  required 299 

CIRCULARS 

School,  from  county  superintendents  to  clerks  and  teachers 333 

CITIES 

In  districts  of  greater  area,  enlargement  of  district 8 

CLASSIFICATIONS 

Improper,  of  pupils  in  schools,  penalty 156 

CLERKS 

Office  of  may  be  declared  vacant 100 

In  common  districts,  duties  of , 101 

In  special  districts,  appointment  of  and  compensation 106 

In   districts   containing  unorganized  territory,   duties   of 117 

Term  of  office  of  in  districts  of  ten  or  more  townships 133 

Compensation  of  in  districts  of  ten  or  more  townships 138 

Election  of  at  annual  meetings 53 

Compensation  in  independent  districts 99 

Compensation   of  in   common   districts 102 

Compensation  of  in  unorganized  territory 115 

To  give  notice  of  annual  meetings 52 

To  mail  notices  of  annual  meetings,  when 55 

To  give  notices  of  special  meetings 55 

To  issue  and  keep  records  of  on  attendance  at  schools 280 

Failure  or  refusal  of  to  make  reports 158 

Failure  or  neglect  of  to  keep  and  deliver  records 160 

Illegal  drawings  of  orders  on  school  funds  by 159 

Duties  of  in  taking  school  census 286 

COLLEGES 

Of  state  university,  what  are 433 

COMMERCIAL  TRAINING 

State  aid  for  schools  affording  training  in 210 

COMMISSIONER    OF    EDUCATION 303-316 

See  also  Superintendent  of  Education 317  32  I 

COMMISSIONER  OF  LABOR 

To  assist  in   enforcing  compulsory  education  law 285 

Reports  to  of  children's  employment  certificates 295 

COMMMON    SCHOOL    DISTRICTS 

See   "school   districts" I 

129 


COMPENSATION 

Of  officers  in  independent  districts 99 

Of  chairman  in  common  districts 1 00 

Of  clerk  in  common  districts 102 

Of  treasurer  in  common  districts 105 

Of  officers  in  district  of  ten  townships '. 138-139 

COMPULSORY  EDUCATION 

Chapter  relating  to  280-300 

Every  child  between  8  and  16  to  attend  school,  exceptions 280 

Duties  of  school  boards  to  report  excuses  for  non-attendance. . .  281 

Duties  of  county  superintendents  to  enforce  law 282 

Duties  of  teachers  in  enforcement  of  law 282 

Duties  of  county  attorney  to  enforce  law 282 

Duties  of  parents  and  guardians  as  to 282 

Violations  of  law  as  to  by  parents,  penalty 283 

Failure  of  school  officers  to  enforce  law,  penalty 284 

Duties  of  commissioner  of  labor  to  enforce  law 285 

School  census  of  names  and  ages  of  children  in  districts 286 

Truant  schools  for  truants,  incorrigibles  and  wanderers 287 

Commitment  to  state  training  school,  when 288 

Truant  officer,  duties  of  in  keeping  children  in  school 288 

See  also   "Child   Labor" 289-300 

Violations  of  law  of,  failure  of  school  officers  to  report 164 

CONDEMNATION 

Of  land  for  school  purposes 76 

Of  sites  in  consolidated  districts 30 

Of  land  for  agricultural  school  sites 82 

Of  land  for  sites  by  consolidated  districts 30 

CONSOLIDATED  SCHOOL   DISTRICTS 

How  and  when  formed 24 

Proceedings  for,  petition,  notice,  vote  on 24-26 

LTnorganized  territory  with  existing  district 28 

Of  district  with  high,  graded  or  semi-graded  districts 27 

Sites  for  may  be  acquired  by  condemnation 30 

Powers  of  to  acquire  equipment 30 

Certificates  of,  transfer  of  funds  and  property 29 

Containing  an  incorporated  village,  area  of 224 

Including  parts,  of  districts 34-35 

Transportation  and  board  of  pupils 30,    225 

CONSOLIDATED  SCHOOLS 

Amounts  of  state  aid  for  industrial  departments  in 219 

Agriculture  in   30 

CONTRACTS 

Bids  to  be  advertised  for  before  letting 87 

Bids  for,  how  awarded 

Not  to  be  made  by  boards  except  at  legal  meetings 75 

In  excess  of  tax  levy  by  school  officers  void 198 

Of  districts,  actions   on,  how  commenced 147 

Actions  on  against  districts,  how  commenced 148 

For  school  text-books,  requisites  of 

Of  employment  of  teachers,  when  and  how  made 401 

For  employment  of  teachers,  qualification  of  teachers  for 353 

130 


CONTRACTS — Continued  i 

In  excess  of  tax  levy  prohibited 198 

With  members  of  board  for  work  or  supplies 93 

With  library  board 279b 

COOKING 

State  aid  for  school  affording  training  in 219 

CORPORAL   PUNISHMENT 

When  may  be  administered  by  teachers j  92 

COUNTIES 

Apportionment   of  agricultural  agents'  funds  to 461 

Contributions  by,  to  county  agricultural  agents  funds 461 

Districts  in  two  or  more  of,  how  formed  or  changed 15 

COUNTY  AGRICULTURAL  AGENTS 

Appropriations  for  and  maintenance   of 457 

Funds  for  under  direction  of  dean  of  college  of  agriculture 460 

Apportionment  of  funds  for  to  counties 461 

Contributions  to  funds   for  by  counties 461 

Co-ordination  of  federal  and  state  authorities  for 461 

COUNTY  ATTORNEYS 

Duties  of  as  to  keeping  children  at  schools 282 

COUNTY  AUDITORS 

Duties  of  as  to  levy  of  school  taxes 196 

Levy  of  city,  village,  town,  district,  tax  certified  to 197 

Reports  of  county  superintendents  to,  failure  of 163 

Reports  of  county  superintendents  to 335 

Failure  of  to  report  to  superintendent  of  education 162 

Failure  of  county  superintendents  to  report   to 336 

To  levy  10  mill  tax  in  certain  districts 200 

Plats  of  districts  on  file  in  office  of 15 

Duties  of  in  distribution  of  state  aid 222 

Apportionment  of  state  school  funds  to  districts  by 206 

To  make  division  of  funds  upon  order  of  change  of  districts....  14 

COUNTY   BOARDS 

Petitions  to  for  formation  of  districts 2 

Petitions  to  for  formation  of  districts,  contents 4 

Hearing  by  on  petition  for  formation  of  districts 5 

Heaiing  by  on   petitions  for  enlargement  of  districts  containing 

cities  or  villages   8 

Hearing  by  on  consolidation  of  unorganized  territory 28 

Powers  of  to  dissolve  districts 38 

Power  of  to  dissolve  districts 41 

Apportionment  of  funds  by  on  enlargement  of  districts 9 

May   appropri   te  money  for  teachers'  institutes 360 

1 1,   i  dui  ition,  law  relating  to  not  to  apply  when 44 

To  provide  for  expenses  of  county  superintendents 339 

Of  education,  powers  of  over  funds  and  property  on  dissolution  of 

tricts    42 

131 


COUNTY  BOARD  OF  EDUCATION  FOR  UNORGANIZED  TERRITORY 

To  provide  school  facilities  in  unorganized  territory 112 

I  low  constituted  H3 

May  employ  county  superintendent 114 

Salaries  of  members  of 115 

Meetings  of,  when  and  how  held 116 

Duties  of  clerks  of 117 

Levy  of  tax  by  for  school  purposes 118 

To  provide  school  houses  and  facilities 118 

Powers  of  to  be  same  as  in  independent  districts 120 

Organization  of  districts   by 121 

To  apportion  funds  between  old  and  new  districts 124 

COUNTY    EDUCATIONAL    COMMITTEE 203 

COUNTY  JAILS 

Elementary  schools  may  be  established  in 193 

COUNTY   SUPERINTENDENTS 

Election,  terms  of  office,  compensation 

When  and  how  elected 325 

Terms  of  office  of —  •  326 

Removal  from  office,  when  and  how 327 

To  turn  over  property  and  records  at  end  of  term. 328 

May  appoint  deputies,  when  and  how 329 

Traveling  expenses  of,  audit  of,  payment  of 339 

Salaries  of,  how  determined 340 

Stationery  and  postage,  printing,  how  paid  for 341 

Assistants  and  salaries  of  in  certain  counties 342 

Powers  and  duties 

General,  specification  of 329 

May  call  meetings  of  school  officers 330 

County  graduation  341 

To  conduct  state  board  examination 347 

May  call  meetings  of  examinations  of  teachers 331 

To  keep  records  of  examinations  of  teachers 331 

To  keep  records  of  teachers'  certificates  and  diplomas 332 

To  forward  to  teachers  and  clerks  blanks,  circulars,  etc 333 

To  make  reports  to  superintendent  of  education 334 

To  make  reports  to  county  auditors 335 

Failure  of  to  report  of  auditors,  salary  to  stop 336 

May  appoint  deputy,  when 337 

To  hold  teachers'  institutes,  when  and  how 338 

Reports  of,  to  county  auditor,  failure  of 163 

May  call  special  school  meetings 56 

To  prepare  plat  of  consolidated  districts 23 

Duties  of  as  to  keeping  children  at  schools 282 

Duties  of  as  to  school  census 286 

Over  districts  in  unorganized  territory,  assistant  of 113 

Approval  of  for  dissolution  of  districts i 39 

Duties  of  in  securing  school  libraries 279b 

To  notify  persons  failing  to  comply  with  text-book  law 250 

Violations  of  school  text-book  law  by,  penalty 258 

Duties  of  as  to  teachers'  institutes 358 

Reports  of  teachers  to,  duties  as  to 402 

Duties  of  as  to  holding  teachers'  examinations 372 

To  conduct  teachers'  examinations,  manner  of 376 

To  indorse  second  grade  certificates 382 

132 


COUNTY   SUPERINTENDENTS— Continued 

Filing  of  teachers'  certificates  with 354 

To  keep  records  of  teachers'  certificates 398 

May  suspend  teachers'  certificates,  how  and  when 399 

Duties  of  as  to  teachers'  retirement  fund 411 

x'o   receive   copy   of   report  of   trustees   of   teachers'   retirement 

fund   414 

COUNTY  TREASURERS 

Duties  of  as  to  teachers'  retirement  fund 411 

CRIPPLED  CHILDREN 

Schools  for 187 

CUPS 

Drinking,  common  use  of  prohibited 168 

D 

DEAF  CHILDREN 

Instruction  of  in  school  districts 182 

DEFECTIVE  SPEECH  CHILDREN 

Instruction  of  in  school  districts 184 

DEPOSITORIES 

For  district  funds,  how  selected. 108-111 

DEPUTIES 

Of  county  superintendents  in  certain  cases 337 

DICTIONARIES 

For  use  in  schools,  selection  of 279 

DIPLOMAS 

Of  colleges  or  universities  in  place  of  certificates 393 

Of  state  university,  when  valid  as  teachers'  certificates 394 

Advanced  normal  school,  when  valid  as  teachers'  certificates....  395 

Normal  elementary,  when  valid 396 

Normal  two-year  course,  when  valid 397 

Of  teachers,  record  of  by  county  superintendents 332 

DISSOLUTION  OF  DISTRICTS 

When  and  how  effected 38 

Petition  for,  contents,  procedure 39 

District  in  two  or  more  counties 15 

To  be  joined  to  unorganized  territory 125-129 

DRINKING  CUPS 

Common   use  of,,  penalty 168 

E 

ELECTIONS 

Of  school  officers o2 

133 


ELECTIONS— Continued 

Of  change  from  common  to  independent  district 21 

On  change  from  independent  to  common  district 23 

On  consolidation  of  districts 26 

On  consolidation  with  high,  graded  or  semi-graded  district 27 

Special,  on  issue  of  bonds  of  district 141 

Special,  to  fill  vacancies  in  school  boards 72-73 

In  independent  districts  having  four  or  more  villages 61-66 

In  certain  independent  districts,  application  of  general  laws....  56 
By  teachers  of  two  trustees  of  state  teachers'  retirement  fund, 

when  and  how  422 

EMINENT   DOMAIN 

Exercise  of  by  school  boards 76 

Exercise  of  by  consolidated  districts  for  sites 79 

Exercise  of  for  agricultural  school  sites 78 

EMPLOYMENT 

Of  children  under  child  labor  law,  terms  of 298 

EMPLOYMENT    BUREAU 

For  teachers  (See  "Teachers'  Employment  Bureau") 

ENGLISH    LANGUAGE 

School  text-books  to  be  in  exceptions 178 

EPIDEMICS 

Powers  of  state  board  of  health  in  school  matters 350 

EXAMINATIONS 

Of  teachers,  times  and  places  of 372 

Same,  fees  to  be  paid  by  applicants 373 

Same,  expenses  of,  how  paid 374 

Same,  branches  and  subjects  of 375 

Same,  conduct  of  376 

Same,  marking  on,  methods  of 377 

Same,  for  professional  certificates 389 

Same,  for  professional  certificates,  subjects  of 390 

Of  teachers,  records  of  by  county  superintendents 331 

High  school  board,  by  county  superintendent 347 

EXAMINERS 

Schools,  appointment  of  by  high  school  board 345 

Duties  of  346 

EXCUSES 

For  non-attendance  at  school,  how  granted  and  when 280 

EXECUTIONS 

When  may  issue  on  judgment  against  districts 152 

EXPENSES 

Of  holding  teachers'  examinations,  how  paid 374 

134     . 


EVENING   SCHOOL 

Length  of  terms  of  not  governed  by  school  law 174 

Provisions  for  in   independent  district 94 

In  common  and  consolidated  districts 80-82 

EVIDENCE 

Records  of  school  meetings   and  proceedings 58 

F. 

FEES 

For    taking   teachers'    examinations 373 

Of  state  teachers'  employment  bureau,   disposition  of 406 

For  services  of  employment  bureau 404 

FLAGS 

School  board  must  provide 176 

Must   be    displayed 175 

FORCE 

Use  of  prohibited  except  by  teachers 192 

FORMATION  OF   DISTRICTS 

See   "school   districts" 2 

FINES 

Money  from,  sot  aside  to  school  funds 208 

Frances  Willard  Day 176 

FRATERNITIES 

Secret,  prohibited  in  public  schools 188 

FUNDS 

State   school,  apportionment   of 204 

Warrants  for,  how  drawn  by  state  auditor 205 

County  apportionment   of  by  county  auditors 206 

Apportionment   of   to   new   districts 207 

County  auditors   to   report   apportionment  to  Superintendent  of 

Education    208 

From  fines  and  penalties  to  school  purposes 208 

See  state  endowment,  state  annual,  state  current 210-212 

State  for  insurance  and  annuities  of  teachers 409-423 

For  maintenance  of  state  university 465 

G. 

GIFTS 

For  school  purposes,  in  independent  districts 89 

Power  of  university  board  of  regents  to  accept 432 

To   public  libraries 274 

GRADED  ELEMENTARY  SCHOOLS 

Definition  of 214 

State  aid  for 217 

Maintaining  industrial  departments,  state  aid  for 219 

135 


GUARDIANS 

Duties  of  as  to  keeping  wards  at  schools 282 

Punishment  of  for  failure  to  keep  children  at  schools 283 

H. 

HIGH   SCHOOLS 

Definition   of,   instruction   in 214 

State  aid  for 217 

Tuition  for  non-resident   pupils,   state  aid 216 

State  aid  for  industrial  departments  in 219 

Maintaining  teachers'  training  departments,  state  aid  for 220 

HIGH   SCHOOL   BOARD 

General  powers  and  duties  of 343 

Records  of  proceedings  of,  annual  reports  of 344 

To  appoint  school  inspectors  and  examiners 345 

Powers  and  duties  of  inspectors  of 346 

May  empower  county  superintendents  to  conduct  examinations..  347 

HOLIDAYS 

Legal,  to  be  counted  as  part  of  school  week 174 

Legal,  what  are 177 

HOME  EDUCATION 

Division  of  at  university 449 

Purposes  of  work  of 450 

Officers  of  division  of  at  university 451 

Free  instruction  in 452 

Bulletins  of,  how  issued  and  distributed 456 

State  aid  for  training  in  by  high,  graded  and  consolidated  schools  219 

HOURS 

Of  child  labor  under  16 294 

HYGIENE 

School  instruction  in 179 

I. 

INDEBTEDNESS 

See  "School  Indebtedness." 

Of   consolidated    districts 2G-36 

INDEPENDENT   DISTRICTS 

How  designated  by  names  and  numbers 1 

Change  from  common  into 19 

Change  of  to  common,  how  effected 23 

Board  of  directors,  election,  terms  of 69 

Organization  of  board  of 70 

Boards  of  to  make  rules  for  management  of  schools 78 

Boards  of  to  levy  taxes  necessary 78 

Publication  of  proceedings  of  boards  of 71 

Powers  of  to  maintain  evening  schools 89 

Powers  of  to  maintain  kindergartens 89 

Duties  of  superintendents   in 90 

Containing  four  or  more  organized  villages,  annual  election 57 

136 


INDEPENDENT     DISTRICTS— Continued 

Same,  division  of  district  into  precincts  for  election 57 

Same,  notice  of  election,  when  polls  to  be  open 58 

Same,  organization  and  conduct  of  elections 59 

Same,  canvass  of  vote  and  declaration  of  result 60 

Same,  special  elections,  when  and  how  held 61 

Same,  application  of  general  laws  to  elections 62 

INDUSTRIAL  TRAINING 

Subjects  for  instruction  in  agriculture,  home,  manual 219 

INSPECTORS 

School,  appointment  and  duties  of 345 

Duties  of    346 

School,  when  county  superintendents  may  be 347 

INSTITUTES 

For  teachers'  training,  when  and  how  held 358 

Same,  duties  of  county  superintendents  as  to 358 

Same,  use  of  school  houses  for 359 

Same,  county    appropriations    for 360 

Same,  schools  may  be  closed  during  holding  of 371 

INSTRUCTION 

In  public  schools,  chapter  relating  to 178-187 

INTEREST 

On  school  funds  on  deposit,  how  computed Ill 

INTOXICATING  LIQUORS 

Bringing  of  into  school  grounds,  penalty 167 

INVESTMENTS 

Of  school  sinking  funds  by  districts 145 

Of  university  funds,   interest  on 466 

Isolated  pupils,  aid  for 216 

J. 

JAILS 

Elementary  schools  may  be  established  in 193 

JUDGMENTS 

Against  school  districts,  how  paid 150 

Levy  of  tax  for  payment  of 151 

Execution  on,  when  may  be  issued 152 

Satisfaction   of,   how   made 153 

K. 

KINDERGARTENS 

Provision  for  in  independent  districts 89 

Length  of  terms  of  not  governed  by  school  law 174 

L. 

LAND 

How  set  off  from  one  district  to  another 11-12 

137 


LAW 

Interpretation  of  by  attorney  general 107 

LIBRARIES 

School,  lists  of  books  for 279 

School,  state   aid   for 216 

School   libraries    276-279 

Public  and  reading  rooms 266-275 

Public   library   commission 259  a,  b.  c. 

County  free   259  d.  e.  f.  g. 

LIBRARIANS 

Election  of  in  common  districts 54 

LIMITATIONS 

Of  tax  levy  for  school  purposes 199 

LISTS 

Of  books  for  school  libraries,  how  prepared 279 

Of  school  text  books,  selctions  to  be  from 251 

M. 

MARKING 

On  teachers'  examinations,  how  made 377 

MEETINGS 

See  "School   Meetings"    52-7?. 

Annual,  of  state  normal  school  board 472 

Of  university  board  of  regents,  annual  and  special 429 

Of  trustees  of  teachers'  retirement  fund 413 

MENTALLY  SUB-NORMAL  CHILDREN 

Instruction  of  in  school  districts 185 

MINNESOTA  DAY 

Proclamation  of  by  state  superintendent,  observance  of 323-324 

MINNESOTA  EDUCATIONAL  ASSOCIATION 

Trustees  of  teachers'  retirement  fund  elected  at  annual  meeting 

of 412 

MINORS 

Use  of  tobacco  by,  penalty 165 

MODEL  SCHOOLS 

Organization  of  in  state  normal  schools 477 

MONEYS 

See  "School  Funds." 

MONTH 

School,  length  of  holidays 174 

138 


MORALS 

School  instruction  in, 


N. 


179 


NORMAL  SCHOOLS  (See  State  Teachers'  Colleges) 

Advanced  diplomas   of  as  teachers'   certificates 

Elementary  diplomas  of  as  teachers'  certificates 

Two  years'  course  certificates  of  as  certificates 

Names  and  location  of 

State  normal  board  of,  compensation,  terms  of  office 

Degrees    

State  normal  board  of,  powers   and   duties 

State  normal  board  of,  annual  meetings  of 

State  normal  board  of,  compensation    of 

State  normal  board  of,  purchasing  agent  of 

Summer  sessions  of,  regulation  of 

Free  tuition  in  for  pupils  intending  to  teach 

Model  schools  in,  organization  of 

Presidents  of  to  report  to  superintendent  of  education 

NOTICES 

Of  hearing  on  petitions  for  formation  of  districts 

Of  meeting  for  organizations   of   districts 

Of  appeal  from  order  of  formation  or  change  of  districts 

Of  annual  school  meetings,  how  given 

Of  annual  meetings,  when  to  be  mailed 

Of  special  meetings,  how  given 

Of  special  meetings  in  certain  independent  districts 

Of  rehearing  on  change  of  boundaries 

Of  meetings  for  change  of  common  to  independent  districts 

Of  change  of  common  to  independent  districts 

Of  meeting  for  change  from  independent  to  common  districts.. 
Of  hearing  on   petitions  for  enlargement  of   districts   including 

cities  or  villages 

Of  hearing  on  petitions  for  consolidation  of  districts 

Of  consolidation  of  districts  and  election  of  officers 

Of  election  for  consolidation  with  high,  graded  or  semi-graded 

district  • 

Of  electkns  in  districts  having  four  or  more  villages 

Of  disscluticn  of  district  proceedings 

Of  hearing  on  petition  for  dissolution  of  districts 

Of  board  meetings  necessary  to  let  contracts 

Of  meeting  for  vote  on  free  text  books 

Of  holding  teachers'  institutes  in  school  houses 

Ey  county  superintendents  of  teachers'  institutes 

O 


395 
396 
397 
467 
468 
469 
470 
472 
473 
474 
475 
476 
477 
473 


■1 

5 
6 
52 
55 
56 
61 
16 
20 
22 
23 


25 
25 

27 

58 

38 

40 

75 

253 

359 

358 


OATHS 

Of  office,  how  made  and  filed  by  school  officers. 


74 


ORDERS 

See  also  "School  Orders." 

For  formation  of  districts  upon  hearing  contents  of 

Of  set-off  of  land  to  or  from  districts,  appeal  from 11-12 

Of  formation  or  change  of  districts,  appeal  from 6 

For  enlargement  of  districts  containing  cities  or  villages 8 

01  formation  or  change  of  districts  in  two  or  more  counties 15 


1S9 


ORDERS — Continued 

For  consolidation  of  districts 26 

Of  dissolution  of  districts 41 

For  school  funds,  illegal  drawing  of  by  clerks 159 

P 

PARENTS 

Duties  of  as  to  keeping  children  at  schools 283 

Punishment  of  for  failure  to  keep  children  at  school 284 

PEACE  OFFICERS 

Members  of  school  boards  to  be 84 

PEDAGOGY 

Department  of  at  state  university 447 

PENALTIES 

For  excluding  or  expelling  pupils  from  school 154 

For  misuse  of  funds  by  treasurer  and  failure  to  pay  wages 155 

For  forbidden  discrimination  against  pupils 156 

For  neglect  or  refusal  to  serve  on  board  after  acceptance 157 

For  failure  of  clerks  to  make  reports 158 

For  drawing  of  illegal  orders  by  clerks 159 

For  failure  of  clerks  to  keep  or  deliver  records 160 

For  illegal  dealing  in  school  supplies  by  teachers  and  officers..  161 

For  failure  of  county  auditor  to  report  to  superintendent 162 

For  failure  of  county  superintendents  to  report 163 

For  failure  of  school  officers  to  report  violations  of  law 164 

For  use  of  tobacco  by  minors  and  pupils 165 

For  injury  to  school  buildings  and  property 166 

For  bringing  intoxicating  liquors  on  school  grounds 167 

For  use  of  drinking  cups  in  common 168 

Degree  and  kind  of  for  foregoing  violations 169 

For  failure  of  parents,   guardians  and   school   officers   to   keep 

children  at  school   283-284 

For  violations  of  child  labor  laws 296 

For  violations  of  school  text  book  law i 255-258 

For  soliciting  to  join  secret  society 191 

PENSIONS 

To  teachers  from  state  teachers'  retirement  fund 409-423 

PETITIONS 

For  formation  of  districts,   common,   special,   independent 2 

For  formation  of  districts,  what  to  contain 3 

For  school   districts,   hearing  on 5 

Of  voters  for  set-off  from  one  district  to  another 11 

For  enlargement  or  change  of  districts  including  villages 8 

For  rehearing  on  change  of  boundaries 16 

For  consolidation  of  districts,  contents  of 25 

For  dissolution  of  districts 38 

For  dissolution  of  districts,  requirements  of 39 

PHYSICIANS 

Certificate  of  fitness  by  under  child  labor  law 299 

PHYSIOLOGY 

School  instruction  in 166 


140 


PLANS 

Of  school  buildings,  approved  by  superintendent  of  education 321 

PLATS 

Of  school  districts  on  file  with  county  auditor 15 

Of  consolidated  school  districts,  how  made  and  approved 24 

Of  buildings  and  sites  in  consolidated  districts 30 

POLLS 

When  to  be  open  in   elections  in  common  and  in  independent 

districts    52 

POSTAGE 

Of  county  superintendents,  how  provided 341 

PRESIDENTS 

Of  university,  powers  and  duties  of 463 

Reports  of,  contents  of 464 

Of  state  normal  schools,  reports  of 478 

PRICES 

Of  school  text-books,  how  fixed 253 

PROCEEDINGS 

To  be  published  in  independent  districts 71 

In  districts  of  ten  or  more  townships 133-140 

PROFESSIONAL  CERTIFICATES 

What  are  and  when  and  how  granted 388 

PROFESSIONAL   PERMITS 

Teachers',  when  and  how  granted 389 

PROFESSIONAL  TRAINING 

For  teachers,  what  is 353 

PROPERTY 

See  "School  Property." 

PUBLICATIONS 

Of  proceedings  in  independent  districts 71 

Of  proceedings  of  board  in  districts  of  ten  or  more  townships.  .135-136 
Of  reports  of  state  teachers'  retirement  fund  trustees 414 

PUBLIC   EXAMINER 

To  examine  records  in  districts  of  ten  or  more  townships 137 

PUBLIC    LIBRARY    COMMISSION 424-426 

PUBLIC  SCHOOLS 

Classification  and  control 

Definition  of,  qualification  of  pupils,  free  tuition 170 

Classification  of   171,  214 

Graded  elementary   172 

Ungraded   172 

High  school   172 

Junior  and  senior  high  school 172 

Control  of,  teachers  and  boards 173 

Terms  of,  school  month,  night  schools,  kindergarten 174 

141 


PUBLIC  SCHOOLS— Continued. 

Holidays  to  be  counted  part  of  school  week 174 

Holidays  in,  what  are 177 

Evening  schools  in  common  districts 80-82 

Displaying  flag   175 

Patriotic   exercises   in    180 

For  instruction  of  deaf  children,  qualifications  of 183 

For  instruction   of  blind  children,   qualifications  of 184 

For  instruction  of  defective  speech   children 185 

For  mentally  subnormal  children 186 

For  defective  children,  permission  for  instruction  of ;. 186 

Secret  fraternal  societies  in   prohibited 187-189 

Soliciting  pupils  of  to  join  outside  fraternal  society 191 

Corporal  punishment  in,  when  allowed  by  teachers 192 

Elementary,  in  county  jails 193 

General  supervision  of  vested  in  superintendent  of  education...  317 

Compulsory  attendance  of  children  between  eight  and  sixteen  at  280 

May  be  closed  during  teachers'  examinations 376 

May  be  closed  during  holding  of  teachers'  institutes 371 

Instruction  in 

Public  schools,  books,  language 178 

Common   branches   in   English 260 

In  morals,  physiology,  hygiene,  narcotics,  stimulants 179 

Industrial,  agriculture,  manual,  commercial,  home 167 

Deaf   children,   instruction   of 182 

Blind  children,  instruction  of 183 

Defective  speech  children,  instruction  of 184 

Mentally  subnormal  children,  instruction  of 185 

Defective  children,  permission  for  instruction  of 186 

In  county  jails,  establishment  of  instruction 193 

Crippled  children    187 

PUBLISHERS 

Of  school  text-books,  prosecution  of  for  combination 256 

PUPILS 

Legal  ages  of,  free  tuition  of 170 

Ilegal  and  improper  classification  of  and  discriminations 156 

Non-resident  in  district,  age  and  tuition  of 77 

Transportation,  rooms  and  board  of  in  consolidated  districts....  30 

From  adjoining  districts,  how  provided  for 77 

When  admitted  to  schools  from  adjoining  districts 79 

Instruction  of  in  adjoining  district 83 

Exclusion  or  expulsion  of  from  schools,  penalty 154 

Suspension  and  dismissal  of  by  boards 190 

Soliciting  of  to  joint  secret  societies,  penalty 191 

Indigent,   free   text-books   for 254 

Prohibited  to  join  secret  fraternities 188 

Use  of  tobacco  by,  penalty 165 

Isolated,  aid  for 216  (6) 

PURCHASING  AGENTS 

Of  university  board  of  regents,  powers  and  duties 433 

To  submit  monthly  statements 434 

Of  state  normal  schools,  powers  and  duties 474 

Q 

QUORUM 

Of  school  boards  to  transact  business —  75 

142 


R 

RECORDS 

Of  school  meetings  and  proceedings  as  evidence 58 

Neglect  of  clerks  to  keep  or  deliver 160 

Of  consolidation  of  districts,  how  made 29 

Of  county  superintendents,  how  turned  over  at  end  of  term....  328 

Kept  by  county  superintendents  of  examination  of  teachers 331 

Of  teachers'  certificates  by  county  superintendents 398 

Kept  by  county  superintendents  of  teachers'  certificates 332 

To  be  kept  by  teachers 401 

School,  uniform  system  of  prepared  by  superintendent  of  educa- 
tion   * 320 

Form  of  prepared  by  superintendent  of  education 322 

Of  high  school  board,  how  kept 344 

Record  of  cost  of  public  works 89-92 

REGISTERS 

School,  to  be  kept  by  teachers,  contents  of 401 

School,  prepared  by  superintendent  of  education 322 

REHEARING 

In  appeals  on  questions  of  change  of  boundaries 16 

RELIGIOUS   INSTRUCTION 

In   public   schools    prohibited Note  166 

RENEWAL  OF  CERTIFICATES 

First  and  second  grade,  when  may  be  allowed 383 

REPORTS 

By  school  officers  of  violations  of  law,  failure  of 164 

Failure  or  refusal  of  clerks  to  make 158 

By  truant  officers  of  illegal  child  employment 296 

Of  teachers  to  county  superintendents,  contents  of 402 

From  county  superintendents  to  superintendent  of  education. . . .  320 

Of  county  superintendents  to  superintendents    of    education....  328 

Of  county  superintendents  to  superintendent  of  education 334 

Of  county  superintendents  to  county  auditors 335 

Of  county  superintendents  to,  failure  of,  penalty 336 

Of  county  superintendents  to  auditor,  failure  of 163 

As  to  condition  of  public  schools  to  superintendent  of  education  319 
Of  county  auditors  to  superintendent  of  education  of  apportion- 
ment of  state  school  funds 208 

Of  president  of  university  to  superintendent  of  education 464 

Of  presidents  of  normal  schools  to  superintendent  of  education. .  478 

Of  university  board  of  regents  to  governor 431 

Of  purchasing  agent  of  state  normal  school  board 474 

Of  county  auditors  to  superintendent  of  education,  failure  of....  162 

Of  high  school  board,  annual 344 

Of  children's  employment  certificates  to  commissioner  of  labor. .  293 

Of  trustees  of  state  teachers'  retirement  fund 414 

RESIGNATIONS 

Of  school  board,  actions  against  district,  how  commenced 149 

REVOCATIONS 

Of  teachers'   certificates,   causes   of 400 

RULES 

For  school  buildings  by  superintendent  of  education 321 

143 


RURAL  SCHOOLS   (see  "Ungraded  Elementary") 214,  217 

S 

SAMPLES 

Of  school  text-books  to  be  filed  with  superintendent  of  education  249 

SCHOOLS 

Chapter  relating  to   (see  "Public  Schools") 170-193 

SCHOOL  ADMINISTRATION 

Chapter  relating  to,  superintendents,  teachers,  high  school  board, 
(see  "Teachers,"  "Superintendent  of  Education,"  "County 
Superintendents,"   "High    School   Board") 

SCHOOL  BOARDS 

Composition,  qualifications,  elections: 

How  designated,  control  of  schools  by,  term  of  office 67 

In  common  districts,  composition  of,  terms  of  office 68 

In  independent  districts,  when  elected,  composition 69 

In  independent  districts,  organization  of 60 

Vacancies,  how  filled 72 

Vacancies,  how  filled  by  special  election 73 

Acceptance  of  office,  oaths  to  be  filed 74 

Quorum   of,   what  constitutes 75 

Bonds   of  treasurers 104 

Appointment  of  clerks  in  special  districts , 100 

In  unorganized  territory,  county  board  of  education 112-131 

In  districts  of  ten  or  more  townships,  election  of 133 

In  districts  of  ten  or  more  townships,  powers  of 134 

Compensation  of  members  of 

In  districts  of  ten  or  more  townships 138 

In  common  districts,  per  diem  and  mileage Sub  9-76 

Of  clerk  and  treasurer  in  independent  districts 98 

Of  clerks   in    common    districts 102 

Of  treasurer  in  common  districts 105 

Of  clerks  in   special   districts 106 

Of  clerks    in   unorganized   territory 114 

Of  members  of  boards  in  unorganized  territory 115 

Of  members  in  districts  of  ten  or.  more  townships 138 

Same,  for  expenses,  limitation  of 139 

No  additional  compensation  allowed Ill 

For  work  or  supplies 89 

Powers  and  duties,  regular 

Management  and  control  of  schools  vested  in 76 

Same,  general  powers  and  duties 76 

Same,  additional  powers  and  duties  of 77 

Same,  special  duties  in  common  districts 78 

Same,  special  duties  of  in  independent  districts 94 

Same,  to   control  school   activities 96-97 

Same,  additional  powers  of  in  independent  districts 95 

In  independent  districts,  to  publish  proceedings 71 

Same,  to  advertise  for  bids  on  contracts 87 

Same,  contracts,  how  let  by 88 

Same,  to  be  peace  officers 86 

Same,  to  advertise  for  bids  on  contracts 87 

Same,  contracts,  how  let 88 

Same,  to  provide  for  pupils  from  adjoining  districts 77 

Same,  to  admit  pupils  from  other  districts 79 

144 


SCHOOL  BOARDS— Continued. 

Same,  may  establish  evening  schools 80 

Same,  may  select  depositories,  liability  of  treasurer 108-110 

Same,  meetings  of,  business  to  be  transacted 116 

Same,  duties   of   clerk 117 

Same,  to  make  annual  tax  levy 118 

Same,  to  provide  buildings  and  school  facilities 119 

Same,  to  organize  district 121 

Same,  to  make  division  of  funds  between  old  and  new 124 

In  districts  of  ten  or  more  townships,  powers  and  duties 134 

Same,  to  publish  proceedings 135 

Same,  annual   tax   levy 140 

School  boards  to  be  guided  by  opinion  of  attorney  general 107 

Miscellaneous  powers  and  duties 

Power  to  control  school  activities 96-97 

May  call  special  meetings,  when  and  how 56 

Meetings  of  called  by  county  superintendents 330 

Duties  of  in  taking  school  census 286 

In  consolidated  districts,  powers  of  to  secure  equipment 30 

Power  of  to  establish  elementary  schools  in  jails 193 

Power  to  make  rules  for  schools,  to  enforce  laws 188 

Powers  of  to  suspend  or  dismiss  pupils 189 

To  allow  use  of  school  houses  for  teachers'  examinations 372 

To  permit  use  of  school  house  for  other  purposes 77 

Libraries 277 

Authority  to  provide  text-books  for  indigent  pupils 254 

When  to  furnish  free  text-books 252 

Illegal  dealing  in  school  supplies  by  members  of 161 

Duties  of  as  to  teachers'  retirement  fund 411 

To  direct  arrest  of  truants  by  truant  officer 288 

To  commit  habitual  truants  to  state  training  school,  when 287 

Duties  of  as  to  issue  of  children's  employment  certificates 290 

To  establish  truant  schools  for  truants  and  incorrigibles 286 

SCHOOL  BUILDINGS 

Plans  of  to  be  approved  by  superintendent  of  education 321 

Improvement  and  ventilating  of,  duties  of  county  superintendent  329 

Powers  of  state  board  of  health  as  to 350 

State  aid  for  in  consolidated  districts 216 

SCHOOL  CENSUS 

In  districts,  of  children  of  school  age 286 

SCHOOL   DISTRICTS 

Formation  of 

Division  of  state  into,  names,  numbers 1 

Petition  for,   requisites   of 2 

Petition  for,  form  and  contents 3 

Petition  for,  notice  of  hearing  on 4 

Petition  for,  hearing  on,  order 5 

Set-off  of  land  to  or  from,  petition  for,  notice 11-12 

To  be  composed  of  adjoining  territory 17 

Plats  of  on  file  with  county  auditor 18 

Order  for  appeal  from  grounds  of 6 

Change  of  boundaries  of 

Petition  for,  form  and  contents 7 

When  district  contains  cities  or  villages,  petition 8 

145 


SCHOOL  DISTRICTS— Continued. 

Apportionment  of  funds  upon 9 

Appeal  from  order  in,  grounds  of 10 

Annexation  of  territory 11 

Setting  off  laud   to 12 

Division  of  funds  when  now  district  is  formed  by 13 

Same,  by  county  auditor  when  new  district  is  formed  by 14 

Same,  in  case  of  districts  in  two  or  more  counties 15 

Rehearing  in,   proceedings   for 16 

Change  of  common  to   independent 

Provision  for 19 

Notice  of  meeting  for  vote  thereon 20 

Meeting  for  voting  thereon,  conduct  of 21 

Meeting  for  organization  and  election  of  officers 22 

Change  from  independent  to  common 

At  annual  or  special  meeting 23 

Notice  of  meeting  for  vote  on . . .  .* 23 

Meeting  for  vote  on,  conduct  of 23 

Officers  of 23 

Consolidation  of  districts 

When  and  how  effected 24 

Plat  of  when  proposed,  how  made  and  approved 24 

Duties  of  county  and  state  superintendents 24 

Petition  for,  notice  of  election  on 25 

Conduct  of  election  on 26 

Notice  of  consolidation  and  of  election  of  officers 26 

Liability  of 26 

Of    one    or    more    districts    with    existing    district    having   high, 

graded  or  semi-graded  school 27 

Same,  election  of  officers  at  next  annual  election 27 

Of  unorganized  territory  with  existing  district 28 

Certificates  of,  transfer  of  records  and  property 29 

Power  of  boards  to  procure  sites  and  equipment 30 

Transportation  and  board  of  pupils 30 

Teachers'    dwelling 30 

Title  to  property,  how  vested : 37 

Classification  of  for  state  aid 31 

Qualification   of  principal 32 

Including  parts  of  districts 34-35 

Payment  of  indebtedness  of  old  districts 45-46 

Within  village  or  city  of  fourth  class 47-51 

Dissolution  of  districts 

When  and  how  allowed 38 

Distribution   of  funds  upon 38 

Petition  for,  approval  and  contents  of 39 

Notice  of  hearing  on  petition  for 40 

Appeal  from  order  of  board  in 41 

Disposition  of  funds,  manner  of 42 

Outstanding  obligations,  how  cared  for. 43 

Law  of  not  applicable  to  counties  not  having  comity  boards  of 

education    44 

Action  by  and  against 

By  districts,  how   prosecuted 147 

346 


SCHOOL    DISTRICTS— Continued 

Against  districts,  how  prosecuted 148 

Against  districts,  without  board,  how  commenced 149 

Judgment  against,  how  paid  by  treasurer 150 

Judgment  against,  tax  levy  for  payment  of 151 

Judgment  against,  when  execution  may  issue 152 

Judgment  against,  how  paid  and  satisfied 153 

Miscellaneous 

Special  appointment  and  compensation  of  clerks  in 106 

Vote  of  on  free  text-books 253 

To  furnish  free  text-books,  when 252 

Of  ten  or  more  townships 133-140 

SCHOOL   DISTRICT  INDEBTEDNESS 

When  bonds  may  be  issued  for 141 

Nature  of  for  which  bonds  may  be  issued : 142 

To  state  of  Minnesota,  issue  of  bonds  for 143 

To  state  of  Minnesota,  proceedings  for  issue  of  bonds  on 144 

SCHOOL  EXAMINERS 

Appointment  of  by  high  school  board,  compensation 344 

Duties   of 345 

SCHOOL  FUNDS 

Chapter  relating  to    (see   "Funds") 204-209 

Depository   for,   how   selected 108-111 

Disposition  of  on   dissolution  of   districts 42 

Division  of  on  change  of  districts 13 

Record  of  division  of  on  change  of  district 14 

Apportionment  of  on  enlargement  of  districts  containing  cities  or 

villages    9 

Disposition  of  on  dissolution  of  districts 38 

SCHOOL  HOUSES 

Plans   approved 321 

Change  of  site  of 53 

Injuries  to,  penalty 166 

How  provided  in  unorganized  territory 119 

Powers  of  school  boards  to  acquire 76 

Bringing  intoxicatng  liquors  into,  penalty : 165 

May  be  used  for  holding  teachers'  institutes 359 

Use  of  for  other  purposes 77 

1  \se  of  for  teachers'  examinations 372 

SCHOOL  INDEBTEDNESS  (See  "Indebtedness") 

How  discharged   on   dissolution  of   districts 43 

SCHOOL   INSPECTORS 

Appointment  of  by  high  school  board,  compensation 344 

Duties    of 345 

When  county  superintendents  may  act  as  such 346 

SCHOOL   MEETINGS 

Annual,  time  for  holding  of . . 52 

Annual,  notice  of,  how  given 52 

147 


SCHOOL    MEETINGS— Continued 

Annual,  effect  of  failure  of  notice  of .2 

Annual,  mailing  of  notice  of 55 

Annual,  women  as   electors  at 57 

Annual,  records  of  when  evidence 58 

Annual,  powers    of 53 

Annual,  additional  powers  of  in  common  districts 54 

Annual,  in  districts  of  over  three  hundred  voters,  division  for...  60 

Special,  when  and  how  may  be  held 56 

Special,  to  fill  vacancy  on  board 72-73 

Special,  business  to  be  transacted  to  be  stated  in  notice 56 

Special,  additional   powers   of 54 

In  certain  independent  districts 

Division  of  district  into  precincts  for 57 

Notice  of,  when  polls  to  be  open 58 

Organization   and   conduct   of 59 

Canvass  of  votes  at,  declaration  of  result 60 

Special,  when  may  be  held,  conduct  of 61 

Application  of  general  laws  to 62 

Miscellaneous  provisions 

Special,  to  fill  vacancies  in  boards 72-73 

For  change  of  common  to  independent  districts,  conduct  of 21 

To  elect  officers  on  change  from  common  to  independent 22 

For  change  of  common  into  independent  districts,  notice  of 20 

Annual  or  special,  for  change  from  independent  to  common 23 

For  vote  on  petition  for  consolidation  of  districts 25 

For  vote  on  consolidation  of  districts,  conduct  of 26 

Annual  or  special,  vote  on  issue  of  bonds  at 141 

Of  officers,  called  by  county  superintendents 330 

SCHOOL  OFFICERS 

Election  of  in  common  districts 53 

Candidates  to  file  applications  with  clerk 59 

Election  of  in  districts  having  over  three  hundred  voters 60 

Election  in  certain  independent  districts 61-66 

Contracts  by  in  excess  of  tax  levy  prohibited 198 

Meetings  of  may  be  called  by  county  superintendents 330 

Compensation  for  attending Par.  9  76 

To  keep  records  of  non-attendance  at  schools 280 

Failure  of  duty  in  keeping  children  at  school,  penalty 284 

Powers  of  chairman 100 

SCHOOL  ORDERS 

Drawn  and  signed  by  clerk 95 

Countersigned   by   chairman 94 

How  made  out 97 

Not  paid  for  want  of  funds,  indorsement,  interest 97 

Penalty  for  drawing  illegal  order 159 

May  be  drawn  by  chairman 94 

SCHOOL  PROPERTY 

Title  to,  where  vested  on  formation  or  change  of  districts 37 

Transfer  of  on  consolidation  of  districts 29 

Disposition  of  on  dissolution  of  districts 42 

148 


SCHOOL  SITES 

Title  to  on  formation  or  change  of  districts." 37 

For  consolidated  schools,  how  obtained 30,  85 

Selection   of   site 53 

Change  of  site 53 

Size  of  site 76 

Same,   in   consolidated   districts 224 

For  agricultural  schools 84 

Bonds  for  purchase   of 142 

How  acquired  by  school  boards  for  agricultural  instruction 84 

Powers  of  boards  to  acquire  by  condemnation 76 

SCHOOL  SUPPLIES 

Dealing  in  by  school  officer 161 

SCHOOL  TAXES 

Chapter  relating  to   (see  "Taxation") 195-203 

SCHOOL  TERMS 

Length  of  school  month,  school  week,  holidays 174 

SCHOOL  TEXT-BOOKS 

Chapter  relating  to   (see  "text-books") 249-258 

SECRET  FRATERNITIES 

Prohibited  in  public  schools 187 

SECTARIAN    INSTRUCTION 

Prohibited    Note        179 

SET-OFF 

Voter  from  one  district  to  another 11 

SINKING   FUNDS 

Of  school  districts,  how  invested 145 

SMALLPOX 

Powers  of  state  board  of  health  in  school  matters  over 350 

SPECIAL  SCHOOL  DISTRICTS 

Formation  of,  petitions  for 2 

SPECIAL  MEETINGS 

In  independent  districts  of  four  or  more  villages 61 

SPECIAL  CERTIFICATES 

Of  teachers,  when  and  how  granted 382 

STATE  AID  TO  SCHOOLS 

Funds  for,  endowment,  special,  current,  sources  of  each 210 

Fund,  distribution  of  by  state  board  of  education 213 

Endowment  fund,  semi-annual  distribution  of 211 

Special  state  aid,  purpose  of 215 

Amount  of  to  rural  schools,  ungraded  elementary 217 

Amounts  of  to  graded   elementary 217 

Amounts  of  to  high  schools  and  high  school  departments 217 

149 


STATE    AID    TO    SCHOOLS— Continued 

Amounts  of  to  schools   maintaining   industrial    departments 219 

Amounts  of  to  high  schools  with  teachers'  training  departments  220 

Amounts  and  conditions  of  for  libraries 216 

Amounts  of  as  based  on  local  tax  levy , 218 

Tuition  aid    216 

Qualifications  of  consolidated  schools  to  receive ..224-225 

For   buildings    216 

For   transportation    226 

Manner  of  payment  of  appropriations  for 222 

Duties  of  county  auditors  in  making  distribution  of 222 

Amounts  of  credited  to   districts,  how  paid 222 

For   defective    children 219 

STATE  AUDITOR 

Distribution  of  state  current  school  fund  by 205 

Fees  of  teachers'  examinations  to  be  paid  to,  disposition 373 

Duties  of  in  apportionment  of  state  school  fund 205 

To  be  one  of  trustees  of  teachers'  retirement  fund 412 

STATE    BOARD    OF    EDUCATION 303-316 

STATE   BOARD  OF   HEALTH 

As  to  powers  and  duties  of  in  school  matters 350 

STATE  CURRENT  FUND 

What  is,  distribution  of  to  schools  and  districts 204-209 

STATE  ENDOWMENT  FUND 

What  is,  distribution  of  to  schools  and  districts 210 

STATE   HIGH  SCHOOL  BOARD 

Authority  of  vested  in  state  board  of  education 308 

To  refuse  state  aid  to  districts  failing  in  school  census 256 

Part  relating  to  (see  "High  School  Board") 343-347 

STATE  OF  MINNESOTA 

Issue  of  school  district  bonds  to 143-144 

STATE  NORMAL  SCHOOLS 

Chapter  relating  to   (see  "State  Teachers'  Colleges) 467-478 

State   Teachers'    Colleges 467-478 

STATE  TEACHERS'   INSURANCE  AND   RETIREMENT   FUND 

Chapter  relating  to   (see  "Teachers'  Retirement  Fund") 409-423 

STATE  TRAINING  SCHOOL 

Commitment  of  truants  to,  when  and  how 287 

STATE  TREASURER 

To  be  treasurer  of  state  teachers'  retirement  fund 415 

STATE  UNIVERSITY 

Chapter  relating  to    (see  "University") 427-466 

150 


STATIONERY 

For  county  superintendents,  how  provided 341 

SUPERINTENDENTS 

Of  schools  in  independent  districts,-  duties  of 98 

Of  independent  districts,  compensation  of 99 

In  independent  districts,   election  of 70 

SUPERINTENDENT  OF  EDUCATION 

Superintendent    of    education 317-324 

General  supervision  of  public  schools  vested  iu 317 

Contingent  fund  of,  purposes  of 318 

Powers  and  duties  of,  general , 319 

To  prepare  uniform  system  of  records,  blanks,  reports 320 

To  prepare  rules  and  examine  plans  for  school  buildings 321 

To  prepare  school  registers,  blank  and  record  books 322 

To  proclaim  and  provide  for  observance  of  "Minnesota  Day"....  323 

To  direct  manner  of  observance  of  "Minnesota  Day" 324 

Member  of  university  board  of  regents 427 

President  of  university  to  report  to 464 

To  be  one  of  trustees  of  teachers'  retirement  fund 412 

Director  of  state  teachers'  employment  bureau,  duties 406 

Reports  of  county  superintendents  to 334 

Failure  of  county  auditors  to  report  to 162 

Reports  to  of  presidents  of  state  normal  schools 478 

Submission  to  of  plats  of  buildings  and  sites  in  consolidated  dis- 
tricts      30 

To  consider  and  approve  plats  of  consolidated  districts 24 

Duties  of  as  to  state  aid  for  school  libraries 276 

Apportionment  of  state  school  fund  by 204 

Reports  to  from  county  auditors  of  apportionment  of  funds 208 

Appeal  to  on  terms  of  admission  of  pupils  from  adjoining  dis- 
tricts      79 

To  withhold  state  aid  from  districts  failing  to  take  school  census  286 

Violations  of  school  text-book  law  by,  penalty 257 

Duties  of  to  enforce  text-book  law 256 

As  to  teachers'  examinations  and  certificates. 

To   provide  for   teachers'   institutes 357 

To  determine  times  of  teachers'  examinations 372 

To  pay  expenses  of  teachers'  examinations,  how 374 

When  may  grant  teachers'  special  certificate 380 

When  may  accept  teachers'  certificates  from  other  states 381 

When  may  accept  high  or  normal  school  diplomas 382 

When  may  renew  first  and  second  grade  teachers'  certificates..  383 

To  pay  over  fees  from  teachers'  examinations 373 

Examinations  for  professional  certificates  held  by 388 

May  grant  professional  permits  to  teachers 392 

Endorsement  by  of  advanced  normal  diplomas  as  certificates...  395 

Endorsement  by  of  normal  elementary  diplomas  for  certificates  396 

Endorsement  by  of  normal  two-year  course  certificate 397 

Endorsement  by  of  university  diplomas  as   certificates 394 

Appeal  to  from  refusal  to  grant  teachers'  certificates 386 

Appeal  to  from   suspension  of  teachers'  certificates 399 

Supplies  for  schools  purchased  by   members  of  board 93 

SUSPENSIONS 

Of  teachers'  certificates,  how  and  for  what  made 399 

151 


T 

TAXATION 

State,  levy  of 195 

County  levy  of 196 

District,   levy   of 196 

City,  village,  town,  district,  levy  of  after  vote  on 197 

Contracts  in  excess  of  levy  of  void,  liability  of  officers 198 

Limitation  of  in  common  districts 199 

Limitation  of  in  independent  districts. , 199 

Levy  of,  amount  of  state  aid  based  on 218 

Levy  of  in  independent   districts 94 

Levy  of  for  school  purposes  in  unorganized  territory 118 

Levy  of  in  districts  of  ten  or  more  townships 140 

Levy  of  indebtedness  on  dissolution  of  districts 43 

Levy  of  to  pay  judgment  against  district. 151 

Levy  of,  school  districts  not  to  exceed 8 

County  auditor  to  levy  in  certain  counties 200-203 


TEACHERS 

Chapter  relating  to 353-422 

Qualifications  and  training 

Qualified   definition   of 353 

Not   qualified,   when 354 

Professional  training,  requisites  of 355 

Instrumentalities  of  training  of 356 

Institutes  for  training,  how  and  when  held 357 

Institutes,  duties  of  county  superintendents  as  to 358 

Institutes,  use  of  school  houses  for 359 

Institutes,  county  appropriations  for 360 

Institutes,  schools  may  be  closed  for 371 


Examinations 

Times  and  places  for  use  of  school  houses  for 372 

Fees  for  taking  of,  how  collected  and  paid 373 

Local  expenses  of,  how  paid 374 

Branches  and  subjects  of 375 

Conduct  of,  regulations  for 376 

Marking  and  grading  on,  how  made 377 

Professional,  how   conducted 388 

Professional,  subjects  of 389 


Certificates 

Grades  of   378 

First  grade,  what  are 381 

Second  grade,  what  are 380 

Second  grade  limited,   what  are 379 

Special,  what  are 382 

Professional,  qualifications  for 387 

First  grade  professional,  what  are 391 

Second  grade  professional,  what  are 390 

Professional  permits,  what  are 392 

From  other  states,  when  may  be  allowed 383 

High  and  normal  school  certificates,  when  good 384 

Certificates  and  diplomas  from  colleges  as 39* 

State  university  diplomas  as,  when  valid 394 

152 


TEACHERS— Continued 

Advanced  normal  school  diplomas  as,  when  valid 395 

Normal  school  elementary  diplomas  as,  when  valid 396 

Certificates  of  two-years'  course  in  normal  schools 397 

Renewal  of  first  and  second  grades  of,  how  effected 385 

Appeal  from  refusal  to  grant,  how  taken. 386 

Records  of  in  office  of  county  superintendents 398 

Suspension  of,  how  effected 399 

Suspension   of,   causes   for 400 

Employment,  powers,  duties 

Employment  of,  when  and  how  made 401 

Contracts  of  employment,  form  and  terms  of 401 

Contracts  of  employment,  qualifications  of  teachers 353 

Employment  bureau,  state,   establishments    of 403 

Employment  bureau,  enrollment   in 404 

Employment  bureau,  purpose  of 405 

Employment  bureau,  how  and  by  whom  conducted 406 

To  keep  school  registers,  contents  of 401 

To  make  reports  to  county  superintendents 402 

In  evening  schools 82 

Pensions  and  annuities  for 

Definitions  of  terms  relating  to 409 

State  fund  for,  sources  of 410 

Teachers'  contributions  to,  how  collected  and  paid 411 

Management  of,  trustees  and  powers  and  duties  of 412 

Trustees  of,  meetings,  compensation  and  expenses 413 

Trustees  of,  duties,  reports,  publication  of 414 

Secretary  of  state  as  treasurer  of  funds,  duties 415 

Teachers'  membership  in,  term  of 416 

Annuities  from,  schedule  of,  how  paid 417 

Termination  of  membership  in,  refundment 418 

Annuities  from  not  subject  to  legal  process 419 

Annuities  from,    reduction    of 420 

Annuities  from,  when   granted 421 

Trustees  of,  election  of  two  of  by  teachers 1 22 

Law  relating  to  not  to  apply  to  cities  of  first  class 423 

Miscellaneous  powers  and  duties 

General  control  of  schools  vested  in 173 

Power  of  to  administer  corporal  punishment 192 

Dwellings  for  in  consolidated  districts 30 

To  keep  separate  registers  of  pupils  from  adjoining  district....  81 

Of  private  schools,  duties  of  as  to  attendance  of  pupils 282 

Duties  of  as  to  attendance  of  children  at  schools 281 

To  give  instruction  in  morals,  physiology,  hygiene 179 

Violations  of  school  text-book  law  by,  penalty 258 

Illegal  dealing  in  school  supplies 161 

School  blanks  and  circulars  to  from  county  superintendent 333 

Duties  of  county  superintendent  as  to  institutes  of 329 

Records  of  examinations  of  kept  by  county  superintendents....  331 

Record  of  certificates  of  kept  by  county  superintendents 332 

TEACHERS'  EMPLOYMENT  BUREAU 

Establishment  and  purpose   of 403 

Who  entitled   to   enrollment   in 404 


153 


TEACHERS'   EMPLOYMENT   BUREAU— Continued 

Purpose  of  to  furnish  information  to  teachers 405 

Director  of,  duties,  salary 406 

TEACHERS'    HOMES    IN    CONSOLIDATED    DISTRICTS 30 

TEACHERS'   INSTITUTES 

For  training  of  teachers,  when  and  how  held 357 

Same,  duties  of  county  superintendents  as  to 359 

Same,  use  of  school  houses  for 359 

Same,  county  appropriations  for 360 

Same,  schools  may  be  closed  during  holding  of 372 

May  be  held  by  county  superintendents,  when 338 

TEACHERS'  INSURANCE  AND  RETIREMENT  FUND 

Definition  of  terms  in  act  relating  to 409 

State  fund  for,  sources  of 410 

Teachers'  contribution,  to,  how  paid  and  collected 411 

Management  of,  board  of  trustees,  powers  and  duties  of 412 

Trustees   of,  meetings,   expenses,   compensation 413 

Trustees  of,  fiscal  year,  reports  and  publication  of 414 

Treasurer  of,  state  treasurer  to  be,  duties  of 415 

Membership  in,  conditions  of 416 

Annuities  from,  schedule  of,  payments  of 417 

Termination   of  membership,   refundment,   conditions   of 418 

Annuities  from  not  subject  to  legal  process 419 

Annuities  from,  reduction  of  when  and  how  made 420 

Annuities   from,   when  and  how  granted 421 

Two  trustees  of  to  be  elected  by  teachers,  when  and  how 422 

Act  relating  to  not  to  apply  to  cities  of  first  class 423 

TEACHERS'  WAGES.     See  "Wages." 

TERMS 

Of  school,  length  of 174 

Of  rural  schools  for  aid 217 

TEXT-BOOKS 

For  school  use  to  be  in  English  language 178 

To  be  furnished  free  by  school  districts,  when 252-253 

For  indigent  pupils,  authority  of  boards  to  furnish 254 

Free,  vote  on,  how  secured 253 

Samples  of  to  be  on  file  with  superintendent  of  education 249 

School,  to  be  chosen  from  lists,  prices  of 251 

School,  publishers  and  dealers  to  qualify  for  selling 249 

Attempted  combination  in,  penalty 255 

Violation  of  law  relating  to  by  school  officers 257 

Violation  of  law  relating  to  by  teachers 258 

Selling  of  without  complying  with  law,  penalty 256 

TITLES 

To  school  property,  how  vested  on  formation  or  change 37 

TOBACCO 

LTse  of  by  minors  and  pupils,  penalty 165 

154 


TRANSPORTATION 

Of  pupils  to  and  from  schools 77 

x    Of  pupils  in  consolidated  districts 30 

Of  pupils  to  adjoining  districts 81 

Aid  for  in  consolidated  districts 216 

TRANSFERS 

Of  funds  and  property  on  consolidation  of  districts. 29 

TREASURERS 

Duties  of  in  common  districts 103 

Official  bonds  of 104 

Term  of  office  of  in  districts  of  ten  or  more  townships 128 

In  common  districts,  compensation  of 105 

Compensation  in  independent  districts 99 

Compensation  of  in  districts  of  ten  or  more  townships 138 

Liabilities  of  on  selection  of  depositories  by  district 109 

Misuse  of  funds  by  and  failure  to  pay  wages  of  teachers 155 

Investment  of  school  districts'  sinking  funds  by 145 

Liability  of  on  investment  of  sinking  funds 146 

Payment  of  judgment  against  district  by : 150 

TRUANTS 

Habitual,  incorrigible  and  wandering,  truant  schools  for 287 

Commitment  of  to  state  training  school,  when. 287 

TRUANT  OFFICERS 

Duties  of  as  to  non-attendance  of  children  at  schools 288 

Powers  and  duties  of  as  to  child  labor  law 296 

TRUANT  SCHOOLS 

For  truants,  incorrigibles  and  wandering  children 287 

TUITION 

In  public  schools  to  be  free 170 

Free  in  division  of  agricultural  extension  and  home  education  of 

university     452 

Of  non-resident  in  high  schools,  state  aid 216 

Free  in  state  normal  schools  to  those  intending  to  teach 476 

Free  for  soldiers  and  sailors 453-455 

U 

UNGRADED    ELEMENTARY    SCHOOLS 214,217 

UNIVERSITY 

Chapter  relating  to 427-466 

Management 

Board  of  regents,  composition  of,  body  corporate 427 

Board  of  regents,  vacancies   in,   how   filled 428 

Board  of  regents,  organization    of 429 

155 


UNIVERSITY— Continued. 

Board  of  regents,  powers  and  duties  of 430 

Board  of  regents,  reports  of  to  governor 431 

Board  of  regents,  powers  of  to  accept  bequests 432 

Purchasing  agent,  powers  and  duties  of 433 

Same,  to  submit  statements 434 

Board  of  regents,  limitations  of  as  to  expenses 435 

Board  of  regents,  not  to  exceed  appropriations 436 

State  boaial  of  control,  financial  control  of 437 

President  of,  powers  and  duties 463 

Same,  reports  of  to  superintendent  of  education 464 

Maintenance  of,  funds  for 465 

Funds  of,  investment  of,  interest  on 466 


Organization 

Colleges  and  departments  of 438 

Sectarian  instruction   in   prohibited 446 

Department  of  pedagogy  in 447 

School  of  mines,  support  of 448 

Agricultural  extension  and  home  education 449 

Same,  purpose  of  work  of 450 

Same,  officers  of,  chiefs  of  divisions 451 

Same,  free  instruction  in  to  residents  of  state 452 

Same,  bulletins  of,  issue  and  distribution , 456 

County  agents,  co-operation  with 457 

Same,  funds  for  under  dean  of  agricultural  college 460 

Same,  apportionment  of  funds  for  to  counties 461 

Same,  contributions  to  by  counties 461 

Same,  co-ordination  of  with  federal  authority 461 

Diplomas  of,  when  valid  as  teachers'  certificates 394 

Soldiers  and  sailors  free  tuition  in 453-455 


UNORGANIZED  TERRITORY 

Consolidation  of  with  existing  district 28 

Board  for,  composition   of 113 

Compensation  of  members 115 

Meetings  of  board 116 

Duty  of   clerk 117 

Powers  and  duties  of  board 118-131 


V 

VACANCIES 

In  school  boards,  how  filled  by  board 72 

In  school  boards,  how  filled  by  special  elections 73 

On  university  board  of  regents,  how  filled 428 

In  state  normal  school  board,  how  filled 468 

VILLAGES 

In  districts  or  greater  area,  enlargement  or  change  of 8 


156 


VOCATIONAL    EDUCATION 

Under  Smith-Hughes  act 227-245 

For   persons   incapacitated   through    injuries 246 

State  board  for  vocational   education 228 


W 


WAGES 


Teachers,  order  for  preference  in  payment 95 

Current  school  fund  to  be  used  for 95 

Order  for  not  paid  for  want  of  funds 97 

Penalty  for  failure  to  pay 155 

WARRANTS 

Of  state  auditor  in  apportionment  of  school  funds 205 

WEEK 

School,    length    of,   holidays 174 

WOMEN 

As  electors  at  school  meetings 57 


157 


LAW  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 


;O>YL0RD  BROS.  IHC.  ~r 

E      SyracuM,  N.Y.       3 

i     Stockton,  Calif.      £ 


